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Date:      Thu, 11 Oct 2001 00:09:09 -0700
From:      "Ted Mittelstaedt" <tedm@toybox.placo.com>
To:        "Doug Barton" <DougB@DougBarton.net>, <tlambert2@mindspring.com>
Cc:        <cjclark@alum.mit.edu>, "Salvo Bartolotta" <bartequi@neomedia.it>, "P. U. (Uli) Kruppa" <root@pukruppa.de>, <freebsd-chat@FreeBSD.ORG>
Subject:   RE: Use of the UNIX Trademark
Message-ID:  <009f01c15223$9f7718c0$1401a8c0@tedm.placo.com>
In-Reply-To: <3BC542A8.CF17D159@DougBarton.net>

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>-----Original Message-----
>From: doug@yahoo-inc.com [mailto:doug@yahoo-inc.com]On Behalf Of Doug
>Barton
>Sent: Wednesday, October 10, 2001 11:57 PM
>To: tlambert2@mindspring.com
>Cc: cjclark@alum.mit.edu; Salvo Bartolotta; Ted Mittelstaedt; P. U.
>(Uli) Kruppa; freebsd-chat@FreeBSD.ORG
>Subject: Re: Use of the UNIX Trademark
>
>
>Terry Lambert wrote:
>
>> Just like if I park my car in front of your
>> house for 5 years, and then you decide to buy an RV and tell
>> me to not park there any more so you can park your RV: the
>> fact that you didn't stop me for the 5 years previous means
>> that I have established an interest in that parking spot.
>
>	This is really a horrendous example for a number of reasons. A much
>better example that illustrates the point you're trying to make would be
>something like, "If I build a fence that sits on and/or encloses part of
>your property, the longer the fence exists without you objecting to it
>the stronger my case for a prescriptive lien, and ultimately title of
>the property passing over to me." 
>

Even this example has flaws - because the property boundary must be
acceptable to local laws and regulations.  In most cities there's a
minimum lot density as well as a minimum distance the property line
must be from any structure.  You can build a fence in the wrong place
and the neighbor may not object - but if moving the property line will
put it too close to the neighbor's house or make his lot fall below
the minimum lot size, then the city isn't going to issue a new deed
no matter what lien you get.


Ted Mittelstaedt                                       tedm@toybox.placo.com
Author of:                           The FreeBSD Corporate Networker's Guide
Book website:                          http://www.freebsd-corp-net-guide.com



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