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LIVE OAKS PROBLEM A: Santa-acre & Elfacre. Elves: Mannello; Webb; Donnelly Santas: Ford; Patel; Sapir Judges: Edelstein; Lungarelli; Quigley Reserves: Albrecht; Lobel; McCay; Schwarz MUSIC: Jason Mraz, Waiting for My Rocket to Come (2002). PROBLEM A.

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Live oaks problem a santa acre elfacre l.jpg
LIVE OAKS PROBLEM A: Santa-acre & Elfacre

Elves: Mannello; Webb; Donnelly

Santas: Ford; Patel; Sapir

Judges: Edelstein; Lungarelli; Quigley

Reserves: Albrecht; Lobel; McCay; Schwarz

MUSIC: Jason Mraz, Waiting for My Rocket to Come (2002)


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PROBLEM A

Santa-acre next to garbage dump. Elfacre = big lot w small cottage.

Grant = “E’s owners shall have the right to cross S to dump garbage in the adjacent garbage dump”

Es replace cottage w toy factory (7x garbage).


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Evolutionary not revolutionary change allowed?

S next to garbage dump. E = big lot w small cottage.

Grant = “E’s owners shall have the right to cross S

to dump garbage in the adjacent garbage dump”

Es replace cottage w toy factory (7x garbage).


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Greater burden than contemplated by parties?

S next to garbage dump. E = big lot w small cottage.

Grant = “E’s owners shall have the right to cross S

to dump garbage in the adjacent garbage dump”

Es replace cottage w toy factory (7x garbage).


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Reasonable considering terms of grant ?

S next to garbage dump. E = big lot w small cottage.

Grant = “E’s owners shall have the right to cross S

to dump garbage in the adjacent garbage dump”

Es replace cottage w toy factory (7x garbage).


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Problem A: Possible Concerns

Want precision in language: punish Santa for not specifying limits

Want people to bargain fairly

Check unequal bargaining power

Check who drafted


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Problem A: Possible Concerns

Want precision in language

Want people to bargain fairly: punish elves if hid intent to expand factory

Check unequal bargaining power

Check who drafted


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Problem A: Possible Concerns

Want precision in language

Want people to bargain fairly

Check unequal bargaining power

Santa, Inc. v. little elves

Old man v. Keebler Cookies & Toys Int’l

Check who drafted


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Problem A: Possible Concerns

Want precision in language

Want people to bargain fairly

Check unequal bargaining power

Check who drafted: construe against the drafter


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TOMORROW

  • PROBLEM 7B (MANGOS): Apply Cases to Problem as Persuasive Authority

  • Finish Prescriptive Easements

  • Begin Recording Acts (ALL for DQ119)


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Closing Points: Emt by Estoppel:

  • V.Bauza Concern: P849 quote from Rerick

    • Could read to allow right to rebuild

    • May turn on evidence of nature of reliance

      • Return on investment w/o rebuilding?

      • Connection betw safety and dilapidation


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Closing Points: Emt by Estoppel:

  • Terminology in DuPont

    • Court says can’t have easement w/o writing

    • Allows possibility of irrevocable license

    • Really means same thing as Emt by Estoppel


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EASEMENTS BY IMPLICATION& NECESSITY

featuring

ROYAL PALM

continued


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Questions on Necessity

  • “Reasonable necessity” in Williams Island?Court’s Noted Alternatives (P853 fn.1):

    • Cross highway, travel 200 feet on sidewalk, cross highway again

    • Backtrack along a substantial portion of the golf course to get around defendant’s tract


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Questions on Necessity

  • “Reasonable necessity” in Williams Island

  • Lawyering Task: Other Possible Alternatives?


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Questions on Necessity

  • Note 3: Should lack of access to utilities meet the strict necessity test?


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Questions on Necessity

Is the majority’s analysis of necessity in Dupont more convincing than that of the dissent?


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Thoughts on Dupont:Easement by Necessity Tricky

Road to Southern part of lot existed when purchased, so lot as a whole is not landlocked

House on Northern part not built when purchased, so no necessity for enjoyment

Would have to view essentially as two separate parcels divided by water with no access between them to get E-mt by Nec. to Northern part

What if road crossing wetlands easy in 1981?


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Thoughts on Dupont:Confusing on Standard

  • Fl. Stat. §704.01(1): “reasonably necessary”; “reasonable & practicable”

    • §704.03: “practicable” means w/o use of “bridge, ferry, turnpike road, embankment or substantial fill.”

  • Tortoise Island (Fla Supr Ct): “absolute necessity”

  • Hunter (1st DCA interpreting Tortoise Island): “no other reasonable mode of accessing the property”


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Thoughts on Dupont

  • No easement by implicaton (no prior use)

  • No easement by prescription (permission)

  • BUT bad facts for servient owners: their own story is revoking license after 14 years


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Thoughts on Dupont

  • If Whiteside’s version of facts is true, good case for easement by estoppel:

    • Purchasing land & building expensive house = detrimental reliance

    • Duponts building road prior to closing probably makes reliance reasonable


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A Little More Doctrine

  • Easements by Necessity end when the necessity ends

  • Easements by Implication do not end w/o necessity (because based entirely in intent)


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A Little More Doctrine

  • Cts almost always hold that negative easements can’t be implied by implication or by necessity.

  • Penn case cited in Note 4 is very rare in even considering.


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A Little More Doctrine

  • Some states have statutes like those described in Note 8 allowing private condemnation to provide access to landlocked parcels.


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Note 8: Nice Exam Q

  • Suppose a state uses its eminent domain power to condemn easements to provide access to landlocked parcels and has the owner of the landlocked parcel pay for the easement. Does this use of Eminent Domain meet the public use requirement?


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EASEMENTS BY PRESCRIPTION

featuring

FICUS


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EASEMENTS BY PRESCRIPTION

115. To what extent do the following rationales for adverse possession also support the doctrine of Prescriptive Easements?

(a) reward beneficial use of land


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EASEMENTS BY PRESCRIPTION

115. To what extent do the following rationales for adverse possession also support the doctrine of Prescriptive Easements?

(b) punish sleeping owners


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