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I wish I could find the resource I read but common law paths and easements have existed for a long time and it's not absurd that long-standing tradition can ref
by nothal 7y ago
I wish I could find the resource I read but common law paths and easements have existed for a long time and it's not absurd that long-standing tradition can reflect intent or legal obligation. Domestic marriage after a certain number of years is one example.
- aetherson 7y agoNote that there is no common law marriage in California. The question of whether this dude's property rights do or ought to trump public access to the beach is a detailed point of law, and, I mean, clearly is not as black and white as some posters are making out (neither side trivially prevailed in a summary judgment through the courts). But this subthread is not whether the case was decided correctly on its merits, but whether people who think that Khosla should be able to fence access to the beach through his property are deluded idiots who wrongly imagine that they will someday own beaches themselves, and are agitating for this particular wholly imaginary self-interest, or whether they might have other reasons to believe as they do.