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PROPERTY A SLIDES

PROPERTY A SLIDES. 4-21-17 NATIONAL KINDERGARTEN DAY NATIONAL DAY OF SILENCE. Music to Accompany Rev. Prob. 5M Dave Matthews Band, Under the Table and Dreaming (1994) featuring “Warehouse”. Optional Sample Answers All Submissions Due Sunday @ 2 p.m .

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PROPERTY A SLIDES

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  1. PROPERTY A SLIDES 4-21-17 NATIONAL KINDERGARTEN DAY NATIONAL DAY OF SILENCE

  2. Music to Accompany Rev. Prob. 5MDave Matthews Band, Under the Table and Dreaming (1994)featuring “Warehouse” Optional Sample Answers • All Submissions Due Sunday @ 2 p.m. • Can Use Exam Version of Syllabus Posted Near Top of Course Page • For answers turned in between now & deadline, I’ll have sign-up sheet in class Monday with available times for review on 4/29-5/1. I Should Be Able to Post Virtually All Old Comments/Models After Submission Deadline Sunday

  3. Qs on Rev. Prob. 5L (Opinion/Dissent from Yesterday)or onOpinion/Dissent Qs or on Easements-by-Necessity?(Good-Bye to Badliands)

  4. EVERGLADES: Review Problem 5O (S138) EGRET IN MANGROVE SWAMP

  5. Review Problem 5O (S138) (Everglades) Easement-by-Prescription • Client = private college; owns fenced-in 5-acre wooded parcel (WW) • Used for study of local ecology • Can’t access w/o member of Biology faculty • Reform School (MA) next to WW claims E-by-P across WW alleging: • MA students broke through fence in two places • For 10+ years, MA students have been using a now well-defined path through WW to travel between their dormitories and a nearby mall. General Background?

  6. Review Problem 5O (Everglades) Easement-by-Prescription • [Actual] Use of Pathway • Open & Notorious • Continuous • Exclusive (Some Jurisdictions) • Adverse/Hostile Which Element(s) Likely Biggest Hurdle to Claim? How Address? (Legal  Factual)

  7. Review Problem 5O (Everglades) Easement-by-Prescription • [Actual] Use of Pathway • Open & Notorious • Continuous • Exclusive (Some Jurisdictions) • Adverse/Hostile Other Elements: Legal  Factual

  8. Review Problem 5OEasement-by-Prescription • [Actual] Use of Pathway • Open & Notorious • Continuous • Exclusive (Some Jurisdictions) • Adverse/Hostile Qs on Rev Prob 5O or on E-by-P? (Good-Bye to Everglades)

  9. Review Problem 5M (S137)Implied Easements Generally • Client Chris purchased warehouse from PPC & now using it. • DDD owns adjoining lot; doing construction • DDD discovers that water/sewer pipes serving C warehouse run through DDD lot. (Client would be Dominant Tenement) • No evidence of express easement. • Two parcels once had single owner. • All four types possible General Background?

  10. SEQUOIA: Review Problem 5M:E-by-I & E-by-N SEQUOIAS

  11. Review Problem 5M (Sequoia) Easement-by-Implication • One parcel is split in two • Prior Use (“Quasi-Easement”) • Intent to continue prior use • *Apparent, visible or reasonably discoverable • *Some degree of necessity • Some states treat 4 & 5 as separate elements; some treat as evidence of intent Generally? Elements: Legal  Factual? Run to Current Owners?

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