On Wed, Jun 3, 2015 at 5:19 PM, Mike Winters <[email protected]> wrote: > Demonstrable reason: I have been using the addresses for 10 years and now > ARIN gives them to someone else causing my business to stop working > unexpectedly. > Registration or Deed/Title, it is well established that if someone uses your > property for long enough, for example they park a truck on it daily or move > into a house with or without the owner's permission, they can claim it is > theirs and they will usually win.
Hi Mike, Adverse possession. Squatters rights. As I understand it, it's 20 years in most jurisdictions. Adverse possession can get a little tricky. For one thing, there's a requirement that a responsible owner know or have reason to know that you in particular have possession of the property. So you can't steal a painting, tuck it into a closet and then say you own it because you stole it more than 20 years ago. For another, it has to be adverse. If the owner tells you it's OK for you to use the property until he decides differently, his ownership is reasserted and can not fall to you regardless of how many years pass. And of course I imagine it would be tricky to argue adverse possession at the same time as you argue that the property exists at all. > Actually, the LRSA has a similar paragraph (8) that says basically the same > thing. An underwhelming minority of legacy registrants have signed the LRSA. The rest of us (slightly less than all) hold the addresses without any contract with ARIN. > Also, ARIN does not say they are not property, only that they are not the > property of the holder. Huh. You're right, I missed that. 7a only says that holder agrees that the number resources are not the property of holder. And the assertion that number resources are not property only appears with respect to IPv6 addresses in 6.4.1 in the NRPM. I would have sworn it used to say that all number resources are not property. > If it was determined that they were property, that paragraph would > mean that ARIN would maintain ownership, not the holder or any > other entity. Neat trap! LRSA signers, aren't you glad you signed the LRSA? All your IP are belong to ARIN. I'll have to put some thought into this one. With ARIN persistently disclaiming ownership (indeed persistently disclaiming the possibility of ownership) I expect there are ways around it. Could also be some real antitrust problems if addresses were found to be property and ARIN claimed ownership of all allocated or assigned under RSA. > how would you handle (among other things) businesses that shut down but did > not sell the resource? Escheat. It escheats to the state who, upon realizing they have an asset, auctions it off. Regards, Bill Herrin -- William Herrin ................ [email protected] [email protected] Owner, Dirtside Systems ......... Web: <http://www.dirtside.com/> _______________________________________________ PPML You are receiving this message because you are subscribed to the ARIN Public Policy Mailing List ([email protected]). Unsubscribe or manage your mailing list subscription at: http://lists.arin.net/mailman/listinfo/arin-ppml Please contact [email protected] if you experience any issues.
