Question to the group, and Gerry.

Ross dianaros at vianet.on.ca
Wed Jan 28 17:06:17 EST 1998


I would offer one perspective on property rights from a Canadian.

When I bought my rural land some 26 years ago I had thought of fencing it
off to keep out intruders. On reflection this did not seem to be a
worthwhile project and I gave up on the idea. There have been trespassers
over the years including 2 hunters who walked by the house with guns in
plain view. Neighbours at various times have intruded, including one who set
traps and snares. None of it seemed to be worth getting very angry about. I
got his traps and he decided that it would be better to trap elsewhere. One
neighbour cut down some old hardwood for fuel wood and that did prompt a
sharp reminder to please keep to his side of the line. It would have been
easy to really  get mad but heat does not always produce usable light.

I do have one neighbour who is a bit of a prick and I do get angry about
some of his activities. But then I think, if I escalate it into a feud I am
no better than he (and his son).

Of course I don't sanction trespass, but I don't get into a screaming fit
about it either. Normaly all that is required is to remind the indivdual(s)
to go elsewhere.

The only time I realy got mad was when some drunks turned up in my road and
decided it was good spot to have a pee. I drove my dozer to the front of
their car and raised the blade just above the hood. I didn't say a word.
They made a few smart ass remarks but it is rather hard to argue with a
dozer and they left.

Civil law in Canada varries from province to province (there are 2 civil
codes as well).
In Ontario, it is not necessary to post land. It is the trespasser who must
prove the right of entry. The other side of the coin is a citizens arrest
can not be made at the point of a gun. To do so gets the gun owner in court
as well.  For rural dwellers this tends to keep things in perspective.
Either you have enough muscle to handle the trespasser or it would be wise
to forget it. There are not enough police to respond  to petty trespass or
even minor vandalism. The flip side is there is not to much of either in
most communities.

Ross

Jostnix wrote in message <19980126233901.SAA09336 at ladder02.news.aol.com>...
> theo hopkins <thopkins at thopkins.demon.co.uk> writes:
>
>>>>As a non-USA citizen, property rights don't get me jumping up and down
>with
>>excitement. I am happy to discuss the effect of property
>>ownwership
>(sometimes good, sometimes bad). 'Property rights' are deeply
>>American. <<<
>
>





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