5150
Wasn’t sure what to use as a subject line but the default post heading seemed oddly appropriate. Which is crazier?
- An Anglican priest who thinks the Eighth Commandment says “thou shalt steal” or
- A North Carolina statute under which homeowners can be charged criminally for “trespassing” on their own land?
December 22nd, 2009 at 6:00 am
The principle that ownership and possession are two different things is very old in the law. For example, a tenant’s possession of land or tenements is exclusive — of everyone including the owner. Looking at the statute, it does require the occupant to be in lawful possession so I don’t see a problem with it.
As for the priest … was he hitting the communion wine early?
December 22nd, 2009 at 7:03 am
A tenant’s possession of land is exclusive of the owner only because the owner has conveyed that right to him, if indeed he has (check the lease). This law, by contrast, is based purely on squatter’s rights: mere occupation of the property, if not inherently unlawful, gives the squatter a right to have criminal charges brought against the owner for “trespassing” on his land. AFAIK a real trespass by anyone else would not be a crime at all; ordinary trespass generally isn’t.
As to the priest, your guess is as good as mine.
December 22nd, 2009 at 9:10 am
Sounds like the “priest” is one of those new-age wealth re-distribution socialists. “Steal only from the big soulless corporations and not from the mom-&-pop.” Pfffttt! Stealing is stealing, no matter who, where or why.
Idiot, along with any who would listen and follow his “advice”.
December 22nd, 2009 at 1:46 pm
I’ll grant you that the domestic violence statutes are not always the sharpest knife in the drawer — mostly they’re pandering.
I dunno, is North Carolina a common law state and is this in derogation of the common law? (It does sound like it is.) Because when it comes to property rights, in a common law state, neither the lease nor the statute necessarily controls.
December 23rd, 2009 at 12:18 am
Not sure I follow the logic there. My understanding is that every state in the union except Louisiana is a common law state, but where the common law and the statutory law conflict, the statute prevails every time. Am I wrong?
December 23rd, 2009 at 10:09 am
In Illinois, statutes in derogation of the common law are supposed to be narrowily construed.
nk´s last blog ..My Wife Left Me
December 23rd, 2009 at 12:47 pm
I imagine that NC has that law because they require a minimum legal separation before a divorce can be issued.
December 23rd, 2009 at 7:46 pm
Not sure I get the “because” part, unless the theory is that one dumb law deserves another. The combined effect of the two is that anyone who works for a living can’t get out of his marriage without leaving his own home, and with it the right to come back, but NOT the obligation to pay the mortgage, property taxes, etc. while his ex gets a free home.
December 23rd, 2009 at 10:34 pm
I don’t know that these things are all that important when a man and woman find it better to live alone.
nk´s last blog ..My Wife Left Me
December 24th, 2009 at 12:03 am
I do. Firsthand, unfortunately.
December 25th, 2009 at 6:46 pm
Yes.