Lake Martin Topics: cliffs and trespassing?
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Name:
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midagefeller
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Subject:
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cliffs and trespassing?
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Date:
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8/4/2008 6:14:47 PM
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Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil TRESPASS laws. Criminal trespass law is enforced by police, sheriffs, or park rangers. Civil trespass requires that the landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible, regardless of whether a crime has been committed. Traditionally, for either type of trespass, some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another's land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a "no trespassing" sign in posted. A trespasser would probably not be prosecuted if the land was open, the trespasser's conduct did not substantially interfere with the owner's use of the property, and the trespasser left immediately on request.
All that said, Alabama Power also owns an easement around the lake. How far back does it go from the water at the full pool level? Is it defined by a horizontal measurement from the water at full pool or by a verticle transfer to horizontal measurement at the flood level?
I remember as a young person being able to hunt a persons property by simply asking persmission. This has changed and written permission is now required.
I think we all will agree that if you or I do not hold proof of ownership to any property then by all rights if we enter upon another persons or company's property without formal permission we are in fact trespassing.
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