MUSIC: Joan Baez, Play Me Backwards (1992)

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MUSIC Joan Baez, Play Me Backwards (1992)
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Nightmare on 68th Street

• BASIC ELEMENTS MET EASILY
• ACTUAL Improvement plus use
• ON Same (if actual knowledge not required)
• CONTINUOUS 1938 ? 7 Years
• EXCLUSIVE No evidence of others using
• ADVERSE No evidence of permission

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Nightmare on 68th Street

• DQ45 Middle S41 Mr. Smith We paid the taxes
  all those years on that lot. They could
  claim no payment of taxes.
• Legal significance?

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Nightmare on 68th Street

• DQ45 Middle S41 Mr. Smith We paid the taxes
  all those years on that lot. They could
  claim no payment of taxes.
• Florida requires payment of taxes if no color of
  title.
• Note that payment of taxes by the original owner
  is almost always true in AP cases and is not a
  defense. Legal issue here is whether Pullens/
  Davises paid, not whether Smiths did.

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Nightmare on 68th Street

• DQ45 Middle S41 Mr. Smith We paid the taxes
  all those years on that lot. They could
  claim no payment of taxes.
• Fl. requires payment of taxes if no color of
  title.
• Color of Title here?
• Valid deed to lot plus
• Incorrect survey indicating ownership of
  disputed strip
• Sufficient? (policy Q)

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Nightmare on 68th Street

• State of Mind
• Some Florida caselaw appears to require bad faith
  in boundary disputes
• Should good faith reliance on faulty survey be
  OK? (policy Q no cases on point)

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Nightmare on 68th Street

• Implicit Boundary Dispute Policy Qs
• IF Deed plus incorrect survey color of title
  APor wins OR
• IF Good faith payment of taxes assessed meets
  statutory reqmt APor wins
• IF NOT There will almost never be successful
  boundary dispute AP
• Similar policy considerations to ON and state of
  mind for boundary disputes.

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Note 7C Exceptions (S32)

• Details not important. Need to know
• AP normally doesnt run against the govt
• States have different disability provisions that
  toll the statute of limitations
• Helpful to have a general sense of the possible
  categories
• Dont need to know specifics of operation

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DQ47 Adverse Possession PolicyFive Grain
Legislative Debate
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DQ47 Adverse Possession PolicyFive Grain
Legislative Debate

• Florida Legislature considering eliminating or
  modifying adverse possession doctrine.
• Proposals include
• Complete elimination
• Color of Title Only
• Adverse Possessor must pay market value
• Position likely taken by environmental advocacy
  group?

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DQ47 Adverse Possession PolicyFive Grain
Legislative Debate

• Florida Legislature considering eliminating or
  modifying adverse possession doctrine.
• Proposals include
• Complete elimination
• Color of Title Only
• Adverse Possessor must pay market value
• Position likely taken by advocacy group for the
  homeless?

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DQ47 Adverse Possession PolicyFive Grain
Legislative Debate

• Florida Legislature considering eliminating or
  modifying adverse possession doctrine.
• Proposals include
• Complete elimination
• Color of Title Only
• Adverse Possessor must pay market value
• Arguments suggested by facts of cases we read?

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DQ47 Adverse Possession PolicyFive Grain
Legislative Debate

• Florida Legislature considering eliminating or
  modifying adverse possession doctrine.
• Proposals include
• Complete elimination
• Color of Title Only
• Adverse Possessor must pay market value
• Other Proposals/Arguments?

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MON TUES REVIEW PROBLEM 2A CONTINUOUS OATS

1. Is five months too great an interruption in ten
   year statute
2. If it would be, is there enough evidence of Ms
   presence at house to meet the element anyway (cf.
   Ray)?
3. Legal significance of friend not doing what he
   was instructed to do?

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Mon Tues Review Problem 2BOpen Notorious
(Rice)

1. Assume trees constitute sufficient actual use.
   (Exam Technique Issue).
2. Be prepared to discuss possible significance of
   each fact in problem.
3. Be prepared to discuss whether, as a policy
   matter, we should treat this kind of encroachment
   as open notorious.

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WRITTEN ASSIGNMENT II

• Tasks Purposes (Default Answer to all Qs)
• Factual Summary
• Info to Partner ( others) unfamiliar with file
• Example of common role as summarizer (closed
  memos)
• Issues List
• Allows boss to review work
• Use as outline during interview
• In-Class Exercise (10/1)
• Witness Interviews (Need Volunteers)
• Lecture on Facts Evidence

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(No Transcript)
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Chapter 3 The Reeses Peanut Butter Cup Problem
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Readings for Mon/Tues

• Posted Tomorrow a.m.
• Include Maguire v. Yanke (P59-63)
• Ranchers v. Farmers re Straying Cattle
• Addressed as Trespass/Right to Exclude Problem
• Think About Whether Better Characterized as
  Nuisance
• Coase Theorem (in notes after Maguire)