PROPERTY D SLIDES

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PROPERTY D SLIDES

• 4-1-14

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Tuesday April 1 Music (to Accompany
Nightmare on 68th St) Bessie Smith Sings the
Blues (Vol.2) (featuring Backwater Blues)

• Review Problem 5E Biscayne (In-Class)
• For Plaintiff (OO) Brown, Homan, Venkatesh,
  Warren
• Alts Mckain, Lipshultz
• For Defendant (APor) Cespedes, Grossman,
  Kirkland, Meads
• Alts McKenzie, Jarzabek

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CRITIQUES

• Shenandoah Critique of Yesterdays Discussion of
  Review Problem 5D Due Tomorrow _at_ 10am
• Yellowstone Critique of Todays Discussion of
  Review Problem 5E Due Thursday _at_ 10 am
• Plus Shenandoahs Absent Yesterday
• Status Update on1st Yellowstone Critiques

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Review Problem 5E Continuous

• M Resided in House with Color of Title for Most
  of 10Y Statutory Period
• Absent 5 Mos. Undergoing Rehab for Physical
  Injury
• While M Away
• Utilities Mail Service Stopped
• Ms Friend David watered plants every 2-3 weeks
• M asked David to Feed Cat at Ms House Instead
  David Took Cat to Own Home

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Review Problem 5E Continuous In-Class
Arguments Biscayne Critique Yellowstone

• For Plaintiff (OO) Brown, Homan, Venkatesh,
  Warren (Alts McKain, Lipshultz)
• For Dfdt (APor) Cespedes, Grossman, Kirkland,
  Meads (Alts McKenzie, Jarzabek)
• Arguments/Missing Facts
• Should a 5-Month Interruption for this Reason
  Break Continuity?
• Assuming 5 Months with no Evidence of Possession
  Would Be Too Long, Was There Enough Evidence of
  Possession During the 5 Mos. M Was Away to Retain
  Continuity?
• What is the Legal Significance of David not doing
  what M asked?

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Divided Rights in the Same Piece of Land

• Chapter 6 Easements
• Yellow Brick Roads

• Chapter 7 Landlord-Tenant Law
• Formica Courier

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Divided Rights in the Same Piece of LandTwo
Sets of Property Rights to Consider

• Easements
• Holder of Easement
• Owner of Underlying Land (Servient Tenement)

• Landlord-Tenant
• Leaseholder (Term of Years)
• Landlord (Holds Reversion)

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Divided Rights in the Same Piece of
LandParadigm is Contractual Terms/Intent
Important -- Objective Manifestations of Intent
-- Reasonable Understanding under All the
Circumstances

• Landlord-Tenant
• Written Lease

• Easements
• Written Document Creating Express Easement

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Divided Rights in the Same Piece of
LandParadigm is Contractual, BUT -- Overlay of
Rules that Augment Sometimes Replace -- Some
Default Rules Some Non-Waivable Rights

• Landlord-Tenant
• Written Lease ?
• Implied Statutory Terms

• Easements
• Written Document Creating Express Easement ?
• Implied Easements

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Divided Rights in the Same Piece of LandSkills
Focus Different for Each

• Landlord-Tenant
• Working with Statutory Provisions

• Easements
• Working with Stated Unstated Facts

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Introduction to EasementsReview Problem
6AElf-Acre Santa-Acre

• E-Acres owners shall have the right to cross
  S-Acre to dump garbage in the adjacent garbage
  dump
• Santa-acre next to garbage dump.
• Elf-Acre
• Time of Grant Big lot w small cottage.
• Later Cottage ? Toy factory (7x garbage).

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Scope of Express Easements Generally

• Sample Blackletter Tests (S142)
• Use must be reasonable considering the terms of
  the grant.
• Evolutionary not revolutionary changes allowed.
• Burden must not be significantly greater than
  that contemplated by parties.

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Review Problem 6AElf-Acre Santa-Acre

• E-Acres owners shall have the right to cross
  S-Acre to dump garbage in the adjacent garbage
  dump
• Santa-acre next to garbage dump.
• Elf-Acre
• Time of Grant Big lot w small cottage.
• Later Cottage ? Toy factory (7x garbage).
• Apply Blackletter Tests
• Consider Missing or Ambiguous Facts

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Scope of Express Easements Generally

• Sample Blackletter Tests (S142)
• (1) Use Must Be Reasonable Considering
  the Terms of the
  Grant
• Initial focus on literal language
• Then check if proposed use is
• reasonable in light of language
• c. Can use ordinary contract
  
  interpretation principles
• e.g., Interpret against Drafter

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Review Problem 6AElf-Acre Santa-Acre

• E-Acres owners shall have the right to cross
  S-Acre to dump garbage in the adjacent garbage
  dump
• Santa-acre next to garbage dump.
• Elf-Acre
• Time of Grant Big lot w small cottage.
• Later Cottage ? Toy factory (7x garbage).
• (1) Use Must Be Reasonable Considering the Terms
  of the Grant

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Scope of Express Easements Generally

• Sample Blackletter Tests (S142)
• (2) Evolutionary not Revolutionary Changes
  Allowed.
• Focus on nature speed of change
• Q of Characterization Fair to View as
  Evolution?

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Scope of Express Easements Generally

• Sample Blackletter Tests (S142)
• (3) Burden Must Not Be Significantly Greater
  than that Contemplated by Parties
• Look for change in relative burdens.
• Compare to what parties appear to have reasonably
  intended.

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Review Problem 6AElf-Acre Santa-Acre

• E-Acres owners shall have the right to cross
  S-Acre to dump garbage in the adjacent garbage
  dump
• Santa-acre next to garbage dump.
• Elf-Acre
• Time of Grant Big lot w small cottage.
• Later Cottage ? Toy factory (7x garbage).
• (2) Evolutionary not Revolutionary Changes
  Allowed.
• (3) Burden Must Not Be Significantly Greater
  than that Contemplated by Parties

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ARCHES Boundary Disputes DQs 5.18-5.20
DELICATE ARCHES
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Nightmare on 68th Street ARCHES DQ5.18

• BASIC ELEMENTS?
• ACTUAL
• ON
• CONTINUOUS
• EXCLUSIVE
• ADVERSE

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Nightmare on 68th Street ARCHES DQ5.18

• 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 ARCHES DQ5.19

• Mr. Smith We paid the taxes all those years on
  that lot. They could claim no payment of
  taxes. (Top S128)
• Legal significance?

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Nightmare on 68th Street ARCHES DQ5.19

• Mr. Smith We paid the taxes all those years on
  that lot. They could claim no payment of
  taxes.
• Fl.Stat. 95.18 (S107) requires payment of taxes
  if no color of title.
• Note Payment of taxes by the OO is almost always
  true in AP cases and is not a defense. Legal
  issue here is payment by Pullens/Davises, not by
  Smiths.

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Nightmare on 68th Street ARCHES DQ5.19

• Mr. Smith We paid the taxes all those years on
  that lot. They could claim no payment of
  taxes.
• Fla 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 ARCHES DQ5.18

• State of Mind
• Some Florida caselaw appears to require bad faith
  in boundary disputes
• Evidence of State of Mind Here?

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Nightmare on 68th Street ARCHES DQ5.18

• 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. (See Rev Prob 5H)

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ARCHES DQ5.20Boundary Disputes Policy
Considerations

• Why might states treat boundary disputes
  differently than other forms of AP?

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ARCHES DQ5.20Boundary Disputes Policy
Considerations

• Why might states treat boundary disputes
  differently?
• Tension Diligent OOs v. Neighborly Relations
  (Measuring Tapes)
• Maybe discourage lawsuits by neighboring APors by
  making difficult to win requiring testimony re
  own bad faith
• Maybe Different Expectations re Diligent Behavior
  by OO
• Often hard to be exact about property line
• Maybe shdnt have to be aware of w precision

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ARCHES DQ5.20Boundary Disputes Policy
Considerations (Recap)

• Some States Have Stricter ON or State of Mind
  Reqmts for Boundary Disputes. Policy Concerns
• Neighborly Relations
• Expectations re Diligent Behavior by OO
• NOTE Making Either Reqmt More Strict Makes
  Litigating Old Cases Very Hard
• Questions?

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DQ5.21 Adverse Possession PolicyLegislative
Debate

• Florida Legislature considering eliminating or
  modifying adverse possession doctrine.
• Proposals include
• Complete elimination
• Color of Title Only
• Adverse Possessor must pay market value (Forced
  Sale)
• Identifying Arguments re Strength Weaknesses of
  Various Rules Central Part of Opinion/Dissent Q

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DQ5.21 Adverse Possession PolicyLegislative
Debate

• Florida Legislature considering eliminating or
  modifying adverse possession doctrine.
• Proposals include
• Complete elimination
• Color of Title Only
• Adverse Possessor must pay market value (Forced
  Sale)
• Positions likely taken by
• Environmental Advocacy Group?
• Advocacy Group for Homeless Folks

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APRIL IS HERE!BRIEF IS IN!! WHAT NOW??
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TUE WED THU FRI SAT SUN MON
4/1 Property No Office Hours Property OH 945-1045 4/4 Property 4/7 OH 945- 1045
4/8 Property Course Selection Info OH 230-430 Property OH 945-1045 4/11 Property 4/14 OH 945-1045
4/15 Passover No Property or OH or DF Property OH 945-1045 4/18 Optional Sample Answers Due _at_ Noon 4/21 Property OH 945-1045
4/22 Property OH 230-430 Property Last Class OH 1-5 4/25 OH 1-5 OH 12-5 Review Session Room TBA 630 OH 10-2, 3-7 7pm E-Mail Deadline 4/28 Property Exam
4/29 Crim Pro Exam 5/2 5/5
5/6 ConLaw Exam 5/9 Elective Exam
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And Down the Stretch They Come
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BRIEF IS IN! WHAT NOW??

• Generally
• Keep Preparing Going to Class
• End of semester material often tested
  disproportionately.
• Profs often summarize, tie together themes, and
  give exam hints in last classes.

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BRIEF IS IN! WHAT NOW??

• Generally
• Keep Preparing Going to Class
• Old exam Qs under exam conditions
• Practice the skills
• Learn what your Profs look for

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BRIEF IS IN! WHAT NOW??

• Generally
• Keep Preparing Going to Class
• Old exam Qs under exam conditions
• Think about exam technique
• Exam skills workshops
• Info from current Profs
• Review last semesters exams

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BRIEF IS IN! WHAT NOW??

• Generally
• Keep Preparing Going to Class
• Old exam Qs under exam conditions
• Think about exam technique
• Its a Marathon, Not a Sprint
• Plan Your Studying
• Conserve Energy

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BRIEF IS IN! WHAT NOW??

• Property
• Integrate Work with Overall Study Plan
• Submit Sample Q Deadline Sat 4/19 _at_ 9pm
• 1st Exam, 5 Days After Last Class

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BRIEF IS IN! WHAT NOW??

• Property
• Integrate Work with Overall Study Plan
• Old Qs Under Exam Conditions
• 15 min read/60 min write
• Closed book except for syllabus

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BRIEF IS IN! WHAT NOW??

• Property
• Integrate Work with Overall Study Plan
• Old Qs Under Exam Conditions
• Read end-of-semester IMs Old Comments/Models

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BRIEF IS IN! WHAT NOW??

• Property
• Integrate Work with Overall Study Plan
• Old Qs Under Exam Conditions
• Read IMs Old Comments/Models
• Utilize Review Session Pre-Exam Office Hours

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YOU CAN DO THIS !