You do not have the right to put up memorials on private property. Sad but true.

What Rights Do Property Owners Have?

By Jacob Workman, eHow Contributor

It has been said that the tried and true way of becoming rich is to own real estate. Owning property has been folded into the American dream. There are certain basic rights that all property owners have. Owners who know what they can and can't do with property they own are in a position to potentially save a lot of money, headaches and frustration.

1. 

Bundle Of Rights

2. There is a theory that certain rights accompany the ownership of real estate. These are called the "bundle of rights" and can be broken down into five core groups: possession, control, exclusion, enjoyment, and disposition.

Right Of Possession

3. This says a property owner, by the fact that he holds the deed to the property, has the right of possession. It could be argued that every other right hinges on this one.

Right of Control

4. A property owner can do whatever she wants to do with the property. This is normally seen with renovations or modifications with a piece of property, like a swimming pool or new roof.

Right Of Exclusion

5. Entities can be banned from being on the property or there may only be certain times patrons, residents or visitors are allowed on the property.

Right Of Enjoyment

6. An owner can enjoy her property by throwing parties, cookouts, bonfires, family gatherings, picnics or whatever else she can think of that can lead to enjoyment on the property.

Right of Disposition

7. This means the owner can lease, rent, sell or share the property as he sees fit. The property can be transferred or given away in whatever fashion the property owner desires.

Exceptions

8. A property owner's rights are not sovereign and are subject to the confines of the law.
   
   The government can and does limit these rights. This is done in the form of taxes, police enforcement, eminent domain, and escheat (the government taking property that has no heir).
   
   There are also private restrictions that may be put on a piece of real estate property outlined in the deed. For example, someone may own a condominium but they still must abide by the condominium association's rules. Or property easements for utility companies to run underground pipes or lines on the property.
   
   Another restriction is the right-of-way easement, which gives another person the right to travel across the owner's property as in the case of a shared driveway.

Read more: What Rights Do Property Owners Have? | eHow.com http://www.ehow.com/about_5530570_rights-do-property-owners.html#ixzz1CZZMOvUO

Roadside memorial symbol problem not unique to Klamath County

http://www.foxnews.com/us/2010/07/07/states-hope-roadside-signs-raise-awareness-drunken-driving-replace-homemade/

"Resting Places" Documentary clip 1

Read this NY Times article on Crosses

This is an excellent article in the New York times about crosses at accident sites.

http://roomfordebate.blogs.nytimes.com/2009/07/12/should-roadside-memorials-be-banned/

Socially Responsible Mourning?

Signs like this are available in most areas. Would you rather see friends and family pool the money they would have spent of crosses and teddy bears or flowers on a sign like this?

A memorial like this may be less upsetting to people that live in the area. Small children may disregard it and not be traumatized. It may be distressing for a child to see a toy or balloon outdoors along side a cross or picture. Parents may have to tell a 3 year old prematurely about the cold fact of life that people die. This could be traumatic.

If something like this were placed it would not affect property values.

If a child saw this and a child is old enough that they can read,it leaves it open to parents to explain death in an appropriate manner.

Who is responsible?

This is a beautiful example of a memorial. There has been love and much thought put into this. Regardless if this was erected on a stranger's property it can be quite upsetting.

Something like this, is expected to be up for a week to one month. But do you feel, this if you were a stranger to the person who passed and this was your home, there should be a permanent cross erected here by the deceased's family and friends? Do you feel it is your right after a period of time, if the death tokes were left here, as memorial items you should be able to remove them?

Would you do this outside of a home where children lived? Is it appropriate to subject someone else's children to the trauma of living near a place where a person was killed?

Who should take responsibility for such a thing and it's removal?

Remembering someone you have lost. Mourning. Grief. It is all a process. But at what point is putting out tokens of remembrance too much?

We have all lost a friend or loved one. It is especially trying when this sort of loss occurs suddenly. An example is a car crash or even tragically a murder. But at what point do you stop decorating the site? Many people agree that during that first week, it seems appropriate to mark a site of passing. If it occurs on public property, a plaque or permanent marker would be installed. But what about if it occurs on a dangerous road side? Say an accident occurs on a blind curve. Death tokens could become a dangerous distraction to other drivers. What would happen if you were driving along one rainy night; poor visibility,and suddenly a 5 foot teddy bear or shiny mylar balloon reflected off headlights? A person would instinctively swerve. Wouldn't this be probable that mourning in this way could cause another traffic accident?

What would you do if there was a tragedy on your front lawn? How long would it be tolerable to have a memorial set up? A week? A month? A year? Forever?

What if the mourners kept coming back week after week. What if they started erecting semi-permanent things like crosses or picture memorials. What would you do if there were mourners outside your living room window everyday? Who would be responsible for removing the tokens of love/death?

What would happen if it continued? You suddenly find you are losing your property people who have lost a loved one. They keep adding to the memorial they have erected. You see after a while that these expressions of adoration; have become with the weather changes, unsightly piles of debris.

In American culture it is socially acceptable to visit a grave or mausoleum. These are spaces where loved ones are commonly taken when they pass away. These are private places which are paid for. Most commonly, people go to these places in times of mourning. But over the past couple decade it has become popular to go to the actual site of a tragedy.

They have increasingly began to erect crosses or other semi-permanent expressions. In some cases, families and friends frequent these places. Leaving on their visits to these places, tokens. A token meaning an object such as a Flower, Toy, or other item that represents somehow the person they miss. At times, this can be touching. But eventually, there is responsibility to be taken. This is something that people fail to acknowledge.

At some point, you need to accept that even the most tolerant land owner will get frustrated. Eventually, the memorial needs to be cleaned up. As devastating as this can be for the mourners, it will need to happen at some point. Many people become angry. But there is something to be said about ownership. A land owner is responsible for the upkeep of their property. Although many people feel this is unjust, it is part of life. The logical thing to do would be to ASK the landowner if you may put up a cross. There are some people that would be fine with this. But be prepared, many people will not want to have a symbol of death on their property; You have to remember this is a correct term. Although we want to believe this is a memorial or honor type thing, a cross driven into the ground at a place other than a recognized church is a universal sign of death. There are many reasons for a person to refuse to accommodating mourners. It may be uncomfortable for the land owner to pass by a marker like this. A memorial marker may cause their visitors or children distress. It may be upsetting for the neighbors. The truth is it can be considered morbid.

It is a sad fact of life that we all must move on. It is eventual though. This is coming from a person who has lost parents, grand parents, children and siblings. Not to mention friends. And also to all sorts of circumstances too. Car accidents, suicide, murder, etc.. The truth is people die every day. They die everywhere. In homes, on roadsides, hospitals, public places. There is none of us that is immune to the hand of death. It is personally devastating to all of us.

But this is the reason I am writing all of this, is I want my Family and Friends to be logical and considerate. Do not mark my place of departure.

If I die on a roadside, or in someone's yard, or under a tree on someone's land; Please do not mark my place of departure. Please do not make pilgrimages to the place my soul dissipated. Please, remember me as I lived. Go to the place I am buried. If you want to tell me you love me, say it. Please do not litter the cemetery with things that will not bio-degrade like stuffed animals. If you leave me flowers, remove the plastic wrapper.

The fact that you must keep in mind, is that there is always some poor soul that has to clean this stuff up.