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FINAL EXAM QS: CHOOSE 3 of 4

FINAL EXAM QS: CHOOSE 3 of 4. Q1: LAWYERING (What Legal & Factual Research….?) Q2: SHORT PROBLEMS (Choose 3 of 4) Q3: OPINION/DISSENT Q4: TRADITIONAL ISSUE-SPOTTER. ASSIGNMENT IV. Designed as Practice for Exam Q1 Todo List, Not Solution Not Whole Problem; Stick to Issues Given QS?.

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FINAL EXAM QS: CHOOSE 3 of 4

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  1. FINAL EXAM QS: CHOOSE 3 of 4 • Q1: LAWYERING (What Legal & Factual Research….?) • Q2: SHORT PROBLEMS (Choose 3 of 4) • Q3: OPINION/DISSENT • Q4: TRADITIONAL ISSUE-SPOTTER

  2. ASSIGNMENT IV • Designed as Practice for Exam Q1 • Todo List, Not Solution • Not Whole Problem; Stick to Issues Given • QS?

  3. SCOPE OF EASEMENT PROBLEMS • Review Problem A (Santa & Elves) • Live Oak Arguments/Tuesday • Focus on 3 Blackletter Tests • Review Problem B (Satellite Dish) • Mango Arguments/Wednesday • Focus on Chevy Chase, Marcus Cable & Note Cases as Persuasive Authority

  4. WED: RECORDING ACTS with special guest appearances by Elizabeth Taylor & Melissa Ortiz DQ119 (ALL): S125 should be S150

  5. Section F Barbecue • Noon-7:00 pm Sunday • Key Info on Course Page • Check w Micki & Sasha for What to Bring • Limits on Space & Parking

  6. SECTION F SPRING COURSES • CONTRACTS (WIDEN) WF 8:00-10:00am • CRIMINAL PROCEDURE (JONES) TR 11:00am-12:20pm • US CONSTITUTIONAL LAW I (IGLESIAS) M2:00-3:20pm & TR3:30-4:50pm • ELECTIVE WF 11:00-12:20pm

  7. Administrative Law Analysis of Evidence Environmental Law Family Law Housing Discrimination Labor & Employment Social Justice 1L SPRING ELECTIVES

  8. 1L Only Administrative Law Analysis of Evidence Family Law Social Justice MIXED Environmental Law Housing Discrimination Labor & Employment ELECTIVES: 1L Only v. Mixed

  9. Final Exam Only Administrative Law Environmental Law (Probably) Labor & Employment MIXED Analysis of Ev. (Projects) Family Law (Quizzes) Housing Disc. (Assnmts) Social Justice (Projects/Short Papers) ELECTIVES: Method of Evaluation

  10. CERTAIN Administrative Law Environmental Law Family Law NOT CERTAIN Analysis of Ev. (Rare) Housing Disc. (Maybe) Labor & Empl. (Probable) Social Justice (Rare) ELECTIVES: Later Availability

  11. Administrative Law Analysis of Evidence Environmental Law Family Law Housing Discrimination Labor & Employment Social Justice 1L SPRING ELECTIVES

  12. Criminal Administrative Law Analysis of Evidence Social Justice Business/Corporate Administrative Law Environmental Law Labor & Employment ELECTIVES: Career Focus

  13. Administrative Law Analysis of Evidence Environmental Law Family Law Housing Discrimination Labor & Employment Social Justice 1L SPRING ELECTIVES

  14. IMPLIED EASEMENTS • Easement by Estoppel • Easement by Implication • Easement by Necessity • Easement by Prescription

  15. Easements by Estoppel featuring POINCIANAS

  16. Easements by Estoppel An owner may be estopped from barring a 2d party access to the owner’s property where • The owner apparently allows 2d party to use the property • 2d party reasonably and detrimentally relies on this acquiescence

  17. Easements by Estoppel An owner may be estopped from barring a 2d party access to the owner’s property where • The owner apparently allows 2d party to use the property • 2d party reasonably and detrimentally relies on this acquiescence DQ113: Was the D’s reliance on the oral promise in Stoner reasonable? Was it detrimental?

  18. DQ114: Policy Arguments re Easements by Estoppel: Common Concerns include • Doctrine undermines Statute of Frauds • Claimants should make sure of legal rights before relying on mere license. • Neighbors don’t typically commit all arrangements to signed writings.

  19. DQ114 & Note 2: Should states allowEasements by Estoppel …? • Whenever there’s reasonable and detrimental reliance; • Only after compensation paid; –OR– • Never

  20. Policy Arguments re Easements by Estoppel Note 3: Nelson v. AT&T: Stronger or weaker case than Stoner for granting Easement by Estoppel?

  21. Note 4: How Long Does an Easement by Estoppel Last? Stoner: “For so long a time as the nature of it calls for.” What does this mean … For an irrigation ditch?

  22. N.4: How Long Does E by Estoppel Last? Stoner: “For so long a time as the nature of it calls for.” What does this mean … In the hypo in Note 4: House built in reliance on use of right of way, which created EbyE. House burns down. Can it be rebuilt using that right of way?

  23. EASEMENTS BY IMPLICATION& NECESSITY featuring ROYAL PALM

  24. Emts by Implication & Necessity • Both Arise from Split of Larger Parcel • E-by-I: Parties Intend that Prior Existing Use Should Continue • E-by-N: Split Creates Landlocked Parcel Needing Access • Same Facts Can Give Rise to Both

  25. EASEMENTS BY NECESSITY: • One parcel is split in two • Landlock: One resulting parcel is cut off from key access (e.g. to roads) by other parcel (alone or in combination with parcels owned by 3d parties). • At time parcels split, access necessary to enjoyment of landlocked parcel

  26. EASEMENTS BY IMPLICATION: • One parcel is split in two • Prior Use of one part of parcel to benefit another part (“Quasi-Easement”) • Circumstances suggest parties intended to continue prior use after split NOTE: STATES VARY ON PRECISE FORMULATION

  27. EASEMENTS BY IMPLICATION: • One parcel is split in two. At severance: • Prior use (Quasi-Easement) • Intent to continue prior use • *Apparent, visible or reasonably discoverable • *Some degree of necessity * Some jurisdictions treat 4 & 5 as separate elements; some treat as evidence of intent

  28. NOTICE: E-MTS BY IMPLICATION: Need notice to bind subsequent purchasers • Actual Notice (Fact Q): Did buyer know about easement? • Inquiry Notice (Legal Q): Sufficient info to create duty in reasonable buyer to ask? • Usually can’t be notice from records b/c implied.

  29. NOTICE: E-MTS BY NECESSITY: • In theory, also need notice to bind • Court finding the easement necessary unlikely to find lack of notice.

  30. Williams Island & Elements • One parcel is split/ Prior use (Undisputed) • Intent to continue prior use: Evidence?

  31. Williams Island & Elements • One parcel is split/ Prior use (Undisputed) • Intent to continue prior use: Evidence? • Testimony • References to “Easements” in Deed • Overall Circumstances • Apparent, visible or reasonably discoverable?

  32. Williams Island & Elements • One parcel is split/ Prior use (Undisputed) • Intent to continue prior use • Apparent, visible or reasonably discoverable • Necessity: Court says yes; we’ll do later • Notice to Subsequent Purchasers?

  33. Williams Island & Elements • Notice to Subsequent Purchasers? • Court says both Actual & Inquiry • Unusually good evidence of both intent & notice

  34. Necessity Requirement EASEMENTS BY IMPLICATION: • Usually reasonable necessity • Some states: strict necessity if implied by reservation (Florida not) EASEMENTS BY NECESSITY: • Most states: strict necessity

  35. Implied by grant v. Implied by reservation Parcel split into Eastacre and Westacre: Prior Use = Driveway from House on Eastacre across Westacre to main road. • Original owner sells East, retains West = Grant • Original owner sells West, retains East = Reservation • Original Owner Simultaneously Sells Both to Different People = Grant

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