Does Cliven Bundy Have Something Called “Prescriptive Rights”

Discussion in 'Current Events' started by BroncoBilly, Apr 19, 2014.

  1. pocket aces

    pocket aces Well-Known Member Past Donor

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    I love the "He paid Nevada." argument. I think I will start paying my rent to the maintenance guy instead of the landlord. How many will defend me when I am evicted? After all does the landlord own the land at all? It was there for 1000 years before he was alive.
     
  2. Junkieturtle

    Junkieturtle Well-Known Member Donor

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    Except that didn't happen for 20 years after the dispute started. If this were a private dispute, the local police would have handled this situation long before it got to this point. And the way the government responded in no way changes the facts of the situation which are that Bundy wants to keep his cattle grazing on land he doesn't own and is not paying for. I happen to think the government acted like asses here but it changes nothing about Bundy's guilt. If you weren't so blinded by hate for the federal government maybe you'd be able to see clearly too.

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    But...but...if you choose not to "recognize" your landlord as being the landlord, that means you don't have to pay him, right? Right?
     
  3. Dollface

    Dollface New Member

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    And he want the Sherriff to disarm the BLM and bring the guns to him. Bundy is a pshycopath.
     
  4. Channe

    Channe Well-Known Member Past Donor

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    Just another knuckle dragging right winger refusing to accept that times change and that in order to have a modern, competitive, society you need to have a strong federal government that is funded to a healthy degree. Right wingers think the small town self functioning ways of 1940's and before is viable.
     
  5. Gatewood

    Gatewood Well-Known Member

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    To be totally honest with you I don't think that either Harry Reid or Nancy Pelosi are wrapped all that tight. I mean we all knew that Nancy was a bit crazy but of late Harry Reid seems determined to give the dingbat a real run for her money in that department.
     
  6. kvmj

    kvmj Well-Known Member

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    No, he doesn't have prescriptive rights. When Bundy quit paying the BLM, he sent a check to Clark County for the same amount that he had been paying the BLM. They returned it. I understand that his cattle have also grazed on Nevada public lands. He may be paying the state for that. Then again, I doubt that he paid anyone when his cattle grazed at the local golf course.

    This dispute, and its attendant conspiracies, are too much for Glenn Beck. Maybe you'll believe him.
    http://www.theblaze.com/stories/201...right-now-about-the-nevada-rancher-situation/
     
  7. RP12

    RP12 Well-Known Member

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    Actually no it would be like you were paying the land lord your rent and you got maintenance service as part of the rent. Then for whatever reason a Federal Agency decides that they will charge you that rent but NOT maintain the property. How long would you put up with that?
     
  8. Casper

    Casper Banned at Members Request Past Donor

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    Hmmm. Seems there is a fly in the soup, to attempt to use this defence he would have to go to court and since he does not believe the government has any jurisdiction over him he would go to court. You guys seem to forget what sort of nutcase your supporting here.
     
  9. Casper

    Casper Banned at Members Request Past Donor

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    Most people would either move out/take they cattle off the property or they would mantain the property themselves and use the expensis to offset the rent. You hero descided to keep living there/keep his cattle there even though he stppoed paying, sorry the law does not work that way. Hey, I thought you said it was his land, now you admit it is not his???? My how the stories change.
     
  10. RP12

    RP12 Well-Known Member

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    He isnt my hero first off i do not idolize people like some *ahem*

    He was the maintenance by building roads/corrals/watertowers etc etc etc. There is no "offset" here ;)

    I have said over and over again to prove that that land is Federal and they have all the rights to it. Just because you own land does not mean you have all the rights to it as in mineral and water for examples. That is why who owns the land truly can be damn confusing and complicated. He had the right to graze on that land. He improved that land. He WAS paying fees and sent them to Clark County. They were helping to maintain the land. The BLM has done nothing to help and actually designated that area as a mitigation area because of the Solar Power companies. I guess them causing damage is fine though eh?
     
  11. BroncoBilly

    BroncoBilly Well-Known Member Past Donor

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    Yep, most any American with a brain larger than a pea knows these two are senile old goofy people, but those with that pea brain believe and support the irresponsible divisive rhetoric these old loons spew. I can't believe there isn't any leadership from the democrats asking them to shut the (*)(*)(*)(*) up with the incendiary comments.
     
  12. kvmj

    kvmj Well-Known Member

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    The federal government owns the lands in question. They also own all rights. Bundy did try to pay Clark County, but since Clark County does not own the land, they returned the check. Bundy has paid no one.

    If you screwed up and built a house on a lot that I own, it would be my house. You would have no claim to anything on my land. So, whatever "improvements" Bundy has done on land that he does not own belong to the federal government.
     
  13. Whaler17

    Whaler17 Well-Known Member

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    I clearly see you covering for a wayward wanna be tryrannical govt. , but I do not have a BLIND hatred for the govt. Governments are the most potentially dangerous things on earth, but not all realize their negative potential.

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    But hey if your tenant doesn't pay, just gather up some buddies and get some rifles and shoot him if he doesn't pay up, Right? Right?

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    Actually after a certain time period has passed, he gains rights to your property if you have done nothing to make it clear that he is not welcome there.
     
  14. RP12

    RP12 Well-Known Member

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    He said the Fed doesnt have Jurisdiction not any Government whatsoever. He believes are far as i can tell its a local and state issue.
     
  15. BroncoBilly

    BroncoBilly Well-Known Member Past Donor

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    Don't you wonder why they didn't or maybe tried to forward it to the BLM? Why wouldn't any common sense bureaucrat make the obvious adjustment?
     
  16. kvmj

    kvmj Well-Known Member

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    A lot of people seem to think that squatter's rights exist. They are wrong. Moot point anyway. The federal government has made it abundantly clear that they own the land.
     
  17. Sanskrit

    Sanskrit Well-Known Member

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    Am not going to do the research, but believe that the theory of title by adverse possession does not apply against the federal government. It certainly -is- a valid equitable remedy of quieting title in every state I'm aware of though. I could be wrong of course. The more fruitful research term is "adverse possession" as opposed to "prescriptive rights" in case anyone is interested in researching facts instead of shooting off at the mouth. I'm amazed at the number of people here who think they can make declarative, conclusory statements about the state of the actual law based only on partisan sentiment. If any of you have legal issues in life, particularly you hyperemotional lefties, please hire a competent lawyer rather than letting your partisan sentiments guide you towards legal disaster.
     
  18. Casper

    Casper Banned at Members Request Past Donor

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    So when you back someone he is not your hero but when I do they are my hero, Con Logic?
    I see him doing nothing but building stuff for his own use, is that what you call managing the land, that is not how it is defined here in Texas.
    He should go to court, let the law do its duty, why is it he is not doing so???????
    Pssst, You and others were calling it His Ranch, there is a BIG difference between His Land and Government Land, but I will let it go you guys have gotten caught with your pants down on more than one occasion on this subject so one more does not matter. As I said before I am still surprised you and some other righthanders have gone this far with this issue, especially with the man in the center of the conflict, I thought better of some of you and your opinions, but I admit somethimes I am Wrong.

    Law and order, something the right used to support, now when people ignore the rules we have set in place the right cheers, freeking amazing.
     
  19. Lee S

    Lee S Moderator Staff Member Past Donor

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    Nobody in any state pays any taxes on any easement, license, or prescriptive rights. It's just a fact. The sovereign still owns the land but Bundy has acquired rights to it.

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    And neither does anyone else who has easement rights over someone else's property.
     
  20. Subdermal

    Subdermal Banned

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    Why don't you run along and figure out what prescriptive rights and adverse possession are.

    :whisper: it has to do with not being challenged for 20 years on that very issue. HTH
     
  21. Lee S

    Lee S Moderator Staff Member Past Donor

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    Nope. Completely untrue. Prescriptive rights have a vesting period based on the use of the property, and reliance of the vestee. Perscriptive rights are based on one deed over another and not on individual property owners. The vesting period begins in the 1850s when the original land patent holders first began using the land for grazing of cattle. The rights extend to all the original patent holders heirs and assigns which is the continuous chain of title holders.

    Prescriptive rights are based on the principle of estoppel. Land owners have a positive obligation to stop trespass, and if they fail to do so, the trespasser may gain prescriptive rights.
     
  22. Lee S

    Lee S Moderator Staff Member Past Donor

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    Nope. Wrong on every count. The concept of squatters rights is known as obtaining title through adverse possession and there are versions of these laws in all 50 states. No one can adverse possess on the sovereign and gain title to the land, but that isn't the issue here. The issue is prescriptive easements or licenses. An easement is merely a contract for the use of land for a specific purpose. Clearly, an easement exists between Bundy and his predecessors for over 100 years going back to the original land patent issued on the Bundy property.
     
  23. Lee S

    Lee S Moderator Staff Member Past Donor

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    As part of English common law which was adopted by all 50 American states, no one can adverse possess against the sovereign. In this case, the sovereign is the Federal Government. But Bundy isn't trying to obtain title to the land, so therefore, he is not adverse possessing it. Bundy probably already owns prescriptive rights to the land based on agreements made by the Federal Government and Bundy's predecessors in Title. Bundy's position should be that he is asking the Federal Government to allow him to continue using rights he already has based on a century old agreement.
     
  24. Lee S

    Lee S Moderator Staff Member Past Donor

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    Of course he has prescriptive rights based on agreements made between the original patent holders and the Federal Government in the 1850s. Prescriptive rights go with the land and not the individual property owners, unless specifically stated otherwise. The fact that Bundy paid the BLM at all is probably the one thing that is going to harm Bundy in this case. If he believed he had prescriptive rights already, he shouldn't have had to pay anything. Prescriptive rights in most jurisdictions is based on a reasonable belief that one has certain rights which were not recorded. Bundy would need to prove that he knew he had grazing rights to the land and he paid fees anyways based on coercion or some other unusual circumstances. Fortunately, the jack booted federal government is making the coercion defense very easy for Bundy.
     
  25. Lee S

    Lee S Moderator Staff Member Past Donor

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    Completely untrue. Ask a competent land attorney, they will set you right.
     

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