and if they happened, it was subsequent to the trespassing. Victim Blaming is a mysterious thing, so, now that I get what you think the victim did wrong, what did the kids do wrong? It’s gotta be more than one thing, how many papercuts, how much insolence, and how much in the right were they to start all of this?
Who do you hold responsible?
How closely were you standing to this incident, that day, citizen?
Force doesn’t only mean someone beat you in the face with a pipe.
Nor the back of the head, with a bucket of wet noodles.
That statement is a bit hyperbolic but is rooted in some truth. The stand-your-ground laws in at least a few states allow people to use deadly force against an intruder to stop the commission of a crime against property, not just against persons. But there usually needs to be some element that the defender would be unable to safely stop the crime if (s)he used less-than-deadly force.
So, the kids did nothing wrong. I asked, you said nothing about it, plenty to say about how the property owner is responsible under all your assumptions. Ok bro. You’ve been heard. Stay off my property.
Where is this beer farm, and why did you ever leave such country? Did you grow up in the Shire?
I don’t think you can be sure of the man’s intentions, or if hitting the truck was deliberate. It may have been accidental, or not.
The use of “force” is also dodgy, as property owners are allowed the use of “reasonable force” when their property is being damaged.
If you are trespassing in someone else’s building, where you have come to enjoy yourself by damaging his property, he may well stand in the door and prevent your exit. You are right: that would be, at the least, implied force. However, a man may stand in his own doorway, or park in his own gate, regardless of a criminal’s wish to use it.
as an OHV enthusiast (dirtbike rider) I am totally pissed at these 2 jackasses.
they trespass
they ride like a-holes - seriously, no mad skillz shown here…
they have a rental truck to get the bike there.
they have NO respect for the property owner
They have potty mouths
Here-s what I think
they were trespassing on the private property - of a man with a lot of open land AND a bulldozer
they are absolutely lucky to be alive.
he could have taken care of them and buried ALL the evidence…
just sayin?
NOW? more lands closed to responsible off road enthusiasts
insurance rates go up to pay for the u-haul
more kids think it is okay to have constant babbling potty-mouth on youTube, instead of intelligent content
Bulldozer!
We’re assuming the final confrontation took place off the old man’s property? Exiting the gate does not mean they left his land, I can’t think of a single working farm I know that doesn’t have multiple fences/gates.
That said, what the fuck hitting their truck. They were being shits but don’t open yourself to that liability.
Conversely, there are some parts of the lower 48 where trespassers on private land just disappear, and if you ask the locals, they’ll tell you not to go messing around “out there.”
Sighs… one wonders if angry old white guy is related to angry woman in the fast food joint from yesterday.
Kids do stupid things - That is a fact. Elders should have some restraint in correcting them and avoid running them down with their big ass truck. Angry old white guy should have learned to deal with conflict better than this by now. His very first interaction was to escalate the situation. IMO he got off easy.
I’d have probably stopped at taking their pictures and following them off the property, knowing I’d be forgiven for decking one of them (not doing so, to be clear), which is really the lesson the kids need to learn here. Ramming speed is a bit too Clint Eastwood for my taste.
If they’d stopped and helped reseed the place the guy might have even told them where was fine to ride.
I had two similar idiots on one of my hay fields last week. They actually came all the way down my driveway, past my house, and opened a gate to get to the field. Then they went round it three or four times before I got out there. I just sort of walked to the edge of the field, and they waved and zoomed right by me, and away.
They had to pass through two sets of these signs to get to the field:
I still have no idea who they are. And there are tons of public trails in the area.
It was just weird.
I remember when I was younger, Dad had issues with some people who kept using our roads at night, even cutting through locks and fences. Probably to get to a grow site somewhere. We ended up putting a rock in the middle of the trail in a place too rough to go around it. But the rock was at least 15 feet across. And we partially buried it. The last thing we found was one morning there was evidence that they had tried to drag it off, but ended up losing their wire and chains, and a bunch of oil where their transmission blew out.
The problem is that you don’t want to hurt anyone, especially if it is just some kids who are lost or think they are on a shortcut. But sometimes it is poachers or drug people. Not so much the latter any more, because you can just buy it in town now. But poachers are liable to take a shot at you. It has happened to me.
Actually. It is straightforward. Laws around property rights are that cut and dry.
“Get off my lawn” isn’t just a funny phrase. It’s a real thing. Do not trespass on property that is not yours because you open yourself up to some awful consequences.
Yes as a home owner when the neighborhood kid walks into my yard to get his errant soccer ball it’s not an issue. But if I chose to be that angry unreasonable old guy…I would be in my rights to do so and the law would be on my side.
I don’t doubt it.
You a lawyer? because no it’s not.
https://www.gov.uk/right-of-way-open-access-land/overview
http://www.beachapedia.org/Beach_Access
It isn’t always cut and dry. You’re also not allowed to fire at aircraft flying over your property. Strange that.
After watching that video I’m not as impressed with the British accent, they sound just the same as Americans.
What does this have to do with Texas property law?
You just linked a law from .uk regarding land rights in the U.S.?
Again. Feel free to trespass on someone’s property. Then go defend your actions vs whatever the land owners actions are.
Good luck.
P.S. I strongly suggest you conduct this experiment in Texas. Enjoy the warm 6 ft of freshly dug earth that you rest under.
You know what common law is? you know what US law is based on? You know for a fact the location of where this video was shot? Because there’s a shit ton of context missing from the video.
Why don’t you go follow your own advice? Again are you a lawyer? you said it’s all clear cut and simple. It’s not for numerous reasons. If we knew everything about this situation it’d be a lot closer to “clear cut and simple”. Alas we don’t.
