PROPERTY A SLIDES

1. PROPERTY A SLIDES 4-2-15

2. Thursday April 2: Music (to Accompany Vezey):JOHN BONGIOVI (aka Jon Bon Jovi )THE POWER STATION YEARS 1980-1983featuring“Who Said It Would Last Forever?”

3. Divided Rights in the Same Piece of Land Chapter 6: Easements Yellow Brick Roads Chapter 7: Landlord-Tenant Law Formica & Courier

4. Divided Rights in the Same Piece of Land:Two 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)

5. Divided Rights in the Same Piece of Land:Paradigm is Contractual: Terms/Intent Important-- Objective Manifestations of Intent -- Reasonable Understanding under All the Circumstances Easements Written Document Creating Express Easement Landlord-Tenant Written Lease

6. Divided Rights in the Same Piece of Land:Paradigm is Contractual, BUT-- Overlay of Rules that Augment & Sometimes Replace -- Some Default Rules; Some Non-Waivable Rights Easements Written Document Creating Express Easement  Implied Easements Landlord-Tenant Written Lease  Implied & Statutory Terms

7. Divided Rights in the Same Piece of LandPrimary Skills Focus Different for Each Easements Working with Stated & Unstated Facts Landlord-Tenant Working with Statutory Provisions

8. Introduction to EasementsReview Problem 6A:Elf-Acre & Santa-Acre “E-Acre’s 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).

9. Scope of Express Easements Generally Sample Blackletter Tests (S144) • “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.”

10. Review Problem 6A:Elf-Acre & Santa-Acre “E-Acre’s 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

11. Scope of Express Easements Generally Sample BlackletterTests (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 Ambiguities against Drafter

12. Review Problem 6A:Elf-Acre & Santa-Acre “E-Acre’s 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). • “Use Must Be Reasonable Considering the Terms of the Grant”

13. Scope of Express Easements Generally Sample BlackletterTests (S142) (2) “Evolutionary not Revolutionary” Changes Allowed. • Focus on nature & speed of change • Q of Characterization: Fair to View as “Evolution”?

14. Scope of Express Easements Generally Sample BlackletterTests (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.

15. Review Problem 6A:Elf-Acre & Santa-Acre “E-Acre’s 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”

16. REDWOOD: Rev. Prob. 5A (“Actual Use”) REDWOODS & FERNS

17. REDWOODReview Problem 5A (Cont’d): “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.

18. REDWOODReview Problem 5A: “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?

19. BISCAYNE: Rev. Prob. 5C (Exclusive) SUNRISE AT ADAMS KEY

20. Rev. Prob. 5C: Biscayne (Exclusive)Lot in Q = Farm that is square one-half mile on each side. OO (Kindon) purchases in 1992; no visits or activity until 2002. APor (John) Purchases w Good Faith Color of Title in 1992 Moved onto lot (10/1/92); grew plants for resale for 10-year AP period. 8/02: OO decides to use lot as horse farm; hires G as agent G hired workers who built 1/2-mile fence just inside property line. Fence complete in late Sept.; G inspects lot & finds J & business. G tells K a few days later; K files ejectment action on 10/5/02

21. Rev. Prob. 5C: Biscayne (Exclusive)Lot in Q = Farm that is square one-half mile on each side. Arguments/Missing Info? If jurisdiction accepts literal argument, OO wins. Assume it doesn’t. Which facts in the problem (other than the passing of time) are helpful for each side? Be prepared to respond to other side’s claims. Discuss whether a court should consider what OO has done enough in light of the policies implicated by this element. Identify possible additional facts or legal rules (that are not inconsistent with what I’ve told you) that might affect the outcome.

22. Adverse Possession “Molecules”Issues Beyond Individual Elements • Multi-Element Review Problems • Rev. Prob. 5I (Lawyering) (ARCHES) (Tomorrow) • Rev Prob 5K (Issue-Spotter with Wills) (DF Tomorrow & Tues) • Exceptions/Limits • Boundary Disputes (& Nightmare on 68th Street) • Policy Discussion: How Should AP Law Operate?

23. Adverse Possession “Molecules”Issues Beyond Individual Elements • Multi-Element Review Problems • Exceptions/Limits • Boundary Disputes (& Nightmare on 68th Street) • Policy Discussion: How Should AP Law Operate?

24. Note 7C: Exceptions/Limits to Adverse Possession (S126) Details not important. Need to know: • AP normally doesn’t run against the gov’t • States have different disability provisions that toll the statute of limitations • Helpful to have a general sense of the possible categories (e.g., for Lawyering Q) • Don’t need to know specifics of operation

25. Adverse Possession “Molecules”Issues Beyond Individual Elements • Multi-Element Review Problems • Exceptions/Limits • Boundary Disputes • Generally • Nightmare on 68th Street • Intro to Rev. Problem 4H • Policy Discussion: How Should AP Law Operate?

26. Adverse PossessionBoundary Disputes: Overview Somestates have different requirements; either or both of: APor must have “bad” state of mind Knows it isn’t hers and intends to take Sometimes called “Maine Doctrine” Open & Notorious = Actual Knowledge by OO that on OO’s land (cf. Marengo Caves) Either Rule = No AP by Mutual Mistake in Boundary Disputes