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PROPERTY B SLIDES 3-27-19

Explore landmark adverse possession cases and memory aids for understanding the elements and requirements. Includes Jackie Robinson & Branch Rickey tribute.

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PROPERTY B SLIDES 3-27-19

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  1. PROPERTY B SLIDES3-27-19 NATIONAL SCRIBBLE DAY

  2. Wednesday Mar 27: Music to Accompany Lutz: Billie Holiday Sings (1952) Next Few DF Sessions: • Today/Friday (Lauren): Lawyering Problem 1H from Lawyering Qs Bank at Bottom of Course Page • Next Wed (Lauren) & Fri (Brendan): Review Problem 4B NCAA CONTEST • Hard Copy Forms on Front Table • Submit to Me Electronically or to Me or Tina in Hard Copy Before ConLaw Tomorrow

  3. PROPERTY B: 3/27 WEDNESday Pop Culture Moment 72 Years Ago in Brooklyn: 1st Night of Passover Why is This Night Different …?

  4. PROPERTY B: 3/27 Pop Culture Moment Why is This Night Different …? A Brief Tribute to Jackie Robinson & Branch Rickey

  5. PROPERTY B: 3/27 Pop Culture Moment Why is This Night Different …? … Back in Brooklyn!!!

  6. CHAPTER 4: ADVERSE POSSESSIONINTRODUCTION Cont’d

  7. Cases: Brief Introduction with Memory AidsLutz (NY 1952) Squatters’ Garden Thrives During the Great Depression Billie Holiday Sings

  8. Cases: Brief Introduction with Memory AidsRay (NY 1996) Creepy Summers in Empty Resort barry manilow, summer of ‘78

  9. Cases: Brief Introduction with Memory AidsE. 13th Street (NY. Supr. 1996) Squatters’ Ensemble Tries to Act Together RENT (Original Cast Album)

  10. Cases: Brief Introduction with Memory AidsBell (Wash. 1989) Houseboat Tied to Land with Woodshed, Sauna & Moving Outhouse The B-52s, COSMiCThiNG featuring “Love Shack”

  11. Secondary Cases: Not Required for Panels I’ll Use Facts or Specific Doctrinal Points as Examples I Won’t Call on You for These Need to Read Eventually; Can Follow Better if Read Howard (Wash App 1970 (S110-13) Marengo Cave (Ind 1937) (in Note at P114-15 on Open & Notorious)

  12. Cases: Brief Introduction with Memory AidsHoward v. Kunto (S110-13) Everyone is One Lot Over from Their Deed

  13. Adverse Possession: OverviewCases: Three Common Fact Patterns Mistaken Owner w Good Faith Belief in Title ~Ray; Howard Boundary Dispute between Neighbors Miami Herald Article; Rev Probs 4J-4L, 4N Outsider “Squatting” Lutz; E. 13th St.; Bell

  14. SEQUOIA: DQs 4.02-4.03 SEQUOIAS

  15. Adverse Possession: Color of Title Origins: “Color of …” Title, Law Writing (Incorrectly) Purporting to Give Title Often Defective Will or Deed Need to Have Good Faith Belief in Document Significance: Makes it Easier for APors to Prove Case Examples in Readings of Rules Doing This

  16. Adverse Possession: Color of TitleSequoia DQ 4.02 Writing (Incorrectly) Purporting to Give Title Significance: Makes it Easier for APors to Prove Case DQ4.02: Why do states have stricter requirements for AP w/o Color of Title?

  17. Adverse Possession: Color of TitleSequoia DQ 4.02 Writing (Incorrectly) Purporting to Give Title Significance: Makes it Easier for APors to Prove Case DQ4.02: Why do states have stricter requirements for AP w/o Color of Title? Reward good faith; reward better title

  18. Adverse Possession: Boundary Disputes v. AP of Complete Parcel AP regarding overlapping borders, not whole lots. Most Common Type of AP Case Shows Up in Some of My Old Problems Significance: Changes Requirements/Elements in Some States We’ll Go Through Some Specifics as We Cover Indiv. Elements

  19. Adverse Possession: Boundary DisputesSequoiaDQ 4.03 AP regarding overlapping borders, not whole lots Significance: Changes Requirements/Elements in Some States DQ4.03: Why Treat Boundary Disputes Differently?

  20. Adverse Possession: Boundary DisputesSequoiaDQ 4.03 AP regarding overlapping borders, not whole lots Significance: Changes Requirements/Elements in Some States DQ4.03: Why Treat Boundary Disputes Differently? 1. Tension re diligent owners v. friendly relations w neighbors. (Cross-Reference Easements by Estoppel in Chapter 5) 2. Maybe different expectations re OO’s diligence (Al-Qaeda & 5-foot strip) 3. Less concern about underutilization of land

  21. ELEMENTS OF ADVERSE POSSESSION Our Sequence • Actual Use • Open & Notorious • Exclusive • Continuous • Adverse/Hostile Primary Panel Responsibilities: ACADIA DQ4.04-4.06 (TodayM0nday) Rev. Prob. 4B (Wed 4/3) Rev. Prob. 4A in DF Wed & Fri Next Week

  22. Adverse Possession Actual Use: Overview 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 a. In real case, check specifics in your state b. On exam: Note & Deal w Possibilities i) Lawyering Q ii) Issue-Spotter or Short Problem

  23. Adverse Possession Actual Use: Overview 1. Focus: What has APor Done on Land 2. Many State-specific legal tests/examples in materials Common: Version of “Use Like Ordinary Owner of Similar Property.” E.g., Ray (similar test for both Actual & Continuous) Lutz Dissent (quoting Ramapo) Common: Cultivation, Enclosure, Improvements (CEI) NY [& Florida] Statutes

  24. Adverse Possession Actual Use: Overview Cultivation, Enclosure, Improvements (CEI) Rough Definitions (can check local law) Cultivation = Growing things; some sense of crops for food or sale Enclosure = Surrounding land in Q w fences/walls Improvements (Technical Legal Term) = Substantial Building or Repairs Not Just “Making Property Better”

  25. Adverse Possession Actual Use: Overview Cultivation, Enclosure, Improvements (CEI) Part of DQ4.05: When statute says CEI, can you have AP if residing or operating biz from pre-existing bldg.? Probably. No FL case re old statute holds otherwise; cases fall back on “ordinary use” if no CEI In practice, CEI = steps sufficient to show “possessing” land when not actually in residence or running business

  26. Adverse Possession Actual Use: Overview Cultivation, Enclosure, Improvements (CEI) CEI = steps sufficient to show “possessing” land when not actually in residence or running business Likely Source: Where land undeveloped, what are beneficial uses that give notice to OO? Build Grow crops Graze animals + Enclosure (Grazing alone may not be sufficient claim of ownership)

  27. Adverse Possession Actual Use: Overview Fit into AP Purposes

  28. Adverse Possession-Actual Use: Overview Easy Qs/Hard Qs Relatively Easy YES Use same as surrounding lots CEI covering entire claimed area Residing or Operating Business using Most of Parcel Relatively Easy NO: Use significantly less than surrounding lots Marginal CEI

  29. Adverse Possession Actual Use: Overview Easy Qs/Hard Qs Hard Qs Not a lot of use but more than surrounding lots (Ray, Bell, Vezey) Some non-trivial CEI but incomplete/imperfect (Lutz) Rev Prob 4A (Mon) addresses some hard Qs Qs on Overview of “Actual Use”?

  30. Review Problem 4B: “Actual Use” Element ACADIA WEDNESDAY April 3 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!!

  31. ACADIA: DQ4.04 Acadia Sunrise

  32. Actual Use Element in the CasesDQ4.04: Lutz (NY 1952) Squatters’ Garden Thrives During the Great Depression Billie Holiday Sings

  33. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression Why no focus on Charley Residing? Maybe b/c area very small Maybe b/c anticipated problem with [no] claim of title (we’ll come back to with both improvements in a couple of slides & with state of mind on Thursday) Even dissent seems to focus more on cultivation So we’ll look mainly at CEI

  34. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression If Need CEI: Enclosure? Some boundary line around garden; long row of logs & brush Not Discussed by Majority Maybe too low; maybe not complete enough Maybe not claimed by Attys

  35. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression If Need CEI: Cultivation: “usually cultivated” Evidence Here? Why Rejected by Majority? Why Did Dissent Disagree?

  36. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression ASIDE: Why should appellate courts defer to the factual findings of a trial court if the appellate judges believe the findings are incorrect? We Discussed in Context of Sorenson.

  37. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression If Need CEI: Improvements (Substantial Building/Repairs) Some Small Stuff Insufficient Portable chicken coop Cutting of brush and trees Placing various rubbish on premises.

  38. Actual Use: DQ4.04 (Badlands)Lutz: Garden of Great Depression If Need CEI: Improvements (Substantial Building/Repairs) Some Small Stuff Insufficient Built Shack: What’s Wrong with? Garage Partly Over Boundary Line: What’s Wrong With?

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