PROPERTY A SLIDES

1. PROPERTY A SLIDES 3-28-17 National Black Forest Cake Day

2. Tuesday Mar 28 Music to Accompany Ray: Barry Manilow: Summer of ‘78 (1996) NCAA Contest Three Left Standing: Ezell wins:If North Carolina plays South Carolina in Final OR If North Carolina beats Gonzaga in Final Ortega wins: If Oregon plays Gonzaga in Final OR If Gonzaga beats North Carolina in Final Warner wins: If Oregon plays South Carolina in Final No Office Hours Today

3. PROPERTY A: 3/28 TUESday Pop Culture Moment XRTV Xtreme Reality Television a quick peek into the future

4. XRTV: Xtreme Reality Television GOVERNOR SWAP Have you ever wondered whether the grass is greener in a different state? Two governors, one from a red state and one from a blue state, discover that it often isn't when they hand over the keys to their offices and literally switch administrations for two weeks.

5. XRTV: Xtreme Reality Television DANCE MOMS of the SERENGETI Follow young tribal dancers’ early steps on the road to stardom with their doting mothers in tow for every rehearsal, performance and bow …

6. XRTV: Xtreme Reality Television DANCE MOMS of the SERENGETI Follow young tribal dancers’ early steps on the road to stardom with their doting mothers in tow for every rehearsal, performance and bow … allwhile dodging crocodiles and hippos at the water hole next to their studio.

7. XRTV: Xtreme Reality Television BUSH DYNASTY The Story of the Family that (Sometimes) Runs the USA This Week: Can Jeb Cope With Not Getting the Cool Job in Washington When His Kid Brother Got It?

8. XRTV: Xtreme Reality Television Survivor Chef Antarctica Contestants prepare gourmet dishes with penguins, seals, and killer whales they have to catch themselves. Featuring Padma Lakshmi & Shaun White

9. XRTV: Xtreme Reality Television Top Model Under the Guns From Damascus to Kabul to Kiev, Our Aspiring Models Bring Fashion to the World’s War Zones Who Will Be Eliminated Tonight? “Take Cover, Girl!!!” Tyra Banks Anderson Cooper

10. Pop Culture Update Me on 3/3/14: Top Model Under the Guns From Damascus to Kabul to Kiev, Our Aspiring Models Bring Fashion to the World’s War Zones Miami Herald on 3/9/14: Miami Company Takes Golfers Into Danger Zones You can play golf in Kabul on Afghanistan’s only course, protected by a professional security team --

11. You Can’t Make This Stuff Up Miami Herald on 3/9/14: Miami Company Takes Golfers Into Danger Zones You can play golf in Kabulon Afghanistan’s only course, protected by a professional security team for only $40,000 to $80,000 for a five-day excursion.

12. ELEMENTS OF ADVERSE POSSESSION Our Sequence • Actual Use • Open & Notorious • Exclusive • Continuous • Adverse/Hostile Primary Panel Responsibilities: BADLANDS DQ4.04-4.06 cont’d (Today) Rev. Prob. 4A (Today) Rev. Prob. 4B in DF This Week

13. Adverse Possession Actual Use: Overview: Recap 1. Focus: What has APor Done on Land a. Has to be some physical possession/entry to trigger SoL b. In practice need much more to satisfy element (LMN) 2. Many State-specific legal tests/examples in materials

14. Actual Use Element in the CasesDQ4.04: Lutz (NY 1952) Recap Squatters’ Garden Thrives During the Great Depression Improvements, Cultivation, Enclosure (ICE) Improvements: Problems w state of mind Cultivation: Lot of evidence of substantial garden, but butmaj finds insufficiently clear & convincing evidence to show boundaries exactly in a no color of title case Enclosure: Didn’t seem to argue

15. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression Looking at Case as a Whole Meet Purposes of Actual Use Element? Doing enough to give notice to reasonable OO? Doing enough to create connection to land? Type of use we want to reward?

16. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression Looking at Case as a Whole Meet Purposes of Actual Use Element? Has some cultivation, some improvements, some partial enclosure Court chooses not to look at together Another court might do differently

17. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression Looking at Case as a Whole Meet Purposes of Actual Use Element? Might look at CEI cumulatively Lutz in many casebooks b/c generally thought to be WRONG.

18. Actual Use: DQ4.05 (Badlands)Ray: Creepy Summers in Empty Resort Evidence of Actual Use? i) Summer residence, but not emphasized by itself ii) Lower Ct: Notice of claim given by constant & conspicuous use & bounded on all sides by path, rock garden, etc. (MAF: flimsy kind of enclosure) iii) CtApp adds: Installation of utilities + Preservation of cottage (substantial structure) How Does Court Deal with CEI Requirements? Seems unconcerned w technical reqmts (cf. Lutz) Focuses instead on: Adequate to give notice (purpose) Usual acts of ownership

19. Actual Use: DQ4.06 (Badlands)Bell: Floating House & Shifting Outhouse Evidence of Actual Use? (I’ll Go Through Some Available Tests) Cultivation, Improvements, Enclosure (& Residence)? Activity Like Owners of Similar Property? Fit Purposes of AP/Actual?

20. Actual Use: DQ4.06Bell: Floating House & Shifting Outhouse Evidence of Actual Use? Cultivation, Improvements, Enclosure (& Residence) No Cultivation or Enclosure Improvements: Sauna, Woodsheds, Moving Outhouse Residence: Not Really; Lives on Houseboat Activity Like Os of Similar Property? Tricky. Fit Purposes of AP/Actual? Notice v. Labor/Connection

21. Actual Use: DQ4.06Bell: Floating House & Shifting Outhouse Washington S.Ct. Decides Case on “Exclusive” Doesn’t Rule on “Actual Use” BUT Could Easily Have Held Insufficient Evidence

22. BADLANDS: “Actual” DQ4.06 & Rev. Prob. 4A NORBECK PASS

23. Actual Use: DQ4.06 (Badlands)E. 13th St.: Coalition of Squatters Possible Evidence of Actual Use Imagination Exercise Like Fact Research for Lawyering Q How Prove “Living” in Apts in Q?

24. Actual Use: DQ4.06 (Badlands)E. 13th St.: Coalition of Squatters Possible Evidence of Actual Use Dissent: Improvements & Attempts to Preserve the Buildings/Units Qs on “Actual Use” Element?

25. BADLANDSReview Problem 4A: “Actual Use” Element Facts: AP Lives Next to Vacant Lot Initially: Stone walls on 3 sides; graffiti; garbage AP repaints walls; removes garbage; plants hedge across 4th side of lot. For 10Y: AP washes off new graffiti, removes garbage; trims hedge. Just looking at Actual Use; assume other elements met.

26. BADLANDSReview Problem 4A: “Actual Use” Element Arguments/Missing Facts? Cultivation, Improvements, Enclosure Enclosure Separately All Three Together Activity Like Owner of Similar Property? Activity Meet Purposes of AP/Actual Use? Only Doing This One Element; Assume Others Met!!

27. ELEMENTS OF ADVERSE POSSESSION Our Sequence • Actual Use • Open & Notorious • Exclusive • Continuous • Adverse/Hostile Primary Panel Responsibilities ACADIA DQ4.07-4.09(Tuesday) Review Problem 4C (Mon 4/3)

28. Open & Notorious: BackgroundImportant Distinction Actual Knowledge (Fact Q): Person in Q is Aware of Relevant Fact v. Notice (Legal Q): Under the Circumstances, Person in Q Should Be Aware of Relevant Fact “Ignorance of Law is No Excuse”: People Generally Considered to Have Sufficient Noticeof What Law Is (Even if no Actual Knowledge) You Are Supposed to Be Monitoring Your Own Property, so if Activity is Deemed “Open & Notorious”, You Are Treated as Having Notice of the AP Claim

29. Adverse Possession Open & Notorious: Overview 1. Focus: Visibility/Notoriety to OO Checking Property Common Test: “Use Visible to one on Surface of Property” Florida Version: “Sufficient to put a person of Ordinary Prudence on Notice”

30. Adverse Possession Open & Notorious: Overview The Reasonable Man Ordinary Prudence

31. Adverse Possession Open & Notorious: Overview 1. Focus: Visibility/Notoriety to OO Checking Property Common Test: “UseVisible to one on Surfaceof Property” Not Concerned with Visibility of APor but of Use NotConcerned with Visibility by Neighbors OK if behind wall/fence 37th Floor Apt: Visibility Inside Apt!!

32. Adverse Possession Open & Notorious: Overview 1. Focus: Visibility/Notoriety to OO Checking Property Common Test: “Use Visible to one on Surfaceof Property” Common Error: Concern re APor Sneaking or Hidden from Street See Casebook @ P119: Use should not be “surreptitious.” BUT even if APoracts “surreptitiously” (e.g., at night), still meet test if s/he leaves evidence of USE visible when APor absent (improvement; cultivation, etc.)

33. Adverse Possession Open & Notorious: Overview 1. Focus: Visibility/Notoriety to OO Checking Property Common Test: “Use Visible to one on Surfaceof Property” Many States also allow Evidence of Reputation in Community as Owner –OR-- Availability of Info in Public Records Traditionally: e.g., telephone directories Interesting Q might arise w Facebook Page

34. Acadia: “Open &Notorious” in the Cases: DQ4.07-4.09 Acadia Sunrise

35. DQ4.07 (Acadia)Open & Notorious & AP Purposes How Does O&N Fit into AP Purposes?

36. DQ4.07 (Acadia)Open & Notorious & AP Purposes Fit into AP Purposes

37. Adverse Possession Open & Notorious: Overview Easy Qs/Hard Qs Easy YES: Hard to Lose on O&N if “Actual Use” Hard Qs: Underground: Marengo Caves Boundary Disputes & Small Overlap (e.g., 2 feet)

38. Open & Notorious: Hard QsAcadia DQ4.08: Marengo Caves (P114-15) Describe Facts Why Was Use of Caves not “Open & Notorious”?

39. Open & Notorious: Hard QsAcadia DQ4.08: Marengo Caves (P114-15) Upshot of Result Normal O&N: Q of notice not actual knowledge Comes from responsibility to monitor land Marengo Seems to require actual knowledge for underground AP. Means normal responsibility to monitor surface doesn’t apply underground. Pros & Cons of Result?

40. Open & Notorious: Hard QsAcadia DQ4.08: Marengo Caves (P119-20) Case Means Normal Responsibility to Monitor Surface Doesn’t Apply Underground Facts Missing from Note in Textbook APor had Given Tours of Caves for 46 Years (Well-Known; Big Signs) OO had Taken Tour of Caves Himself Modern Commentators Suggest Result is Wrong Hard to See What More APor Could Do On Test, Can Treat as Non-Binding Authority