posted on Jun, 11 2011 @ 09:22 AM
After watching the video, there are a few things that can be stated:
Both sides are wrong. The first part is the old man, as he came walking up, and should not have gotten into any confrontation what so ever. In the
heat of anger, one will say things that are not needing to be stated, and once stated, it can not be taken back. So the older person should not have
provoked this confrontation, as he is of an age where he should know better.
On the other side, the younger person is wrong for trespassing on any yard that is not his, or that he does not have permission to walk on. This can
be construed as a set up on both parts, as neither is willing to back down. Based off of what is in the video clip, the following can be stated:
Take this down to the lowest common denominator and put it into a basic perspective:
Homes are near a natural feature, partially surrounding it. The natural feature is considered private property, but the areas up to said features are
not. The question of easement, the right to get to a particular point, has to be asked, and chances are there are ways for people, who do not live
around said public feature to get to, so there is no need for someone to cut across any property. Most towns and older communities have codes, so
that would include how the yards are to look, this is true in many neighborhoods and residential areas around the country. Many states, counties and
cities, have laws that dictate how and where one may walk a dog, to include picking up and restraining of said animals.
So if person A has a home, near a natural feature, that he does not own, his property would go up to a certain point. Person b can visit said
feature, but has no right to go onto person’s A property for any reason. If Person B does cross that line, no matter if it is marked or not, then
that person is trespassing, and is in violation of the law. The only way that Person B can cross a property line is if, and only if, there is no way
to the feature, or other point, that either Person B owns, or is a natural feature that is open to all, such as a park or something that would be
considered county controlled or owned.
Having looked at it from that point of view, both are wrong. The older person is wrong for starting a conflict, and the younger is wrong for
trespassing and allowing his dog to walk and mess on another persons yard.