PROPERTY A SLIDES

1. PROPERTY A SLIDES 3-24-17 National Chocolate-Covered Raisin Day

2. Friday Mar 24: Music to Accompany Lutz: Billie Holiday Sings (1952) Pre-Test Office Hours • Fri 3/24: 12:30-3:30 (My Office) • Sat 3/25: 1:00-5:00 (Classroom G263) • Sun 3/26: 12:00-3:15, 3:45-7:00 (Classroom G263) I’ll Respond to Reasonable E-Mail Qs Sent by 7 p.m. Sunday NCAA CONTEST LEADERS 15 Points: Zuckerman 13 Points: Nashban; Roman 5 Points: Ortega; Pouser; Simon; Stone-C; Vincent NCAA CONTEST TRAILERS 1 Point: Dilts; Fajer; Gluck; McCollum; Sparhawk 0Points: Maryanoff

3. CHAPTER 3:The Shadow of the PastSource Of Chapter Title?

4. CHAPTER 3: The Shadow of the Past The Rule Against Perpetuities: One Rule to Ring Them All, One Rule to Find Them, One Rule to Bring Them All and in the Darkness Bind Them.

5. CHAPTER 3: The Shadow of the Past The Rule Against Perpetuities: • Purposes • Paradigm grant: In a will, Tom leaves his estate to “my friend Jerry and his heirs, but when the first of my grandchildren turns 21, to that grandchild.” • Problems • Conditional Grants Referring to People Identified by Status Rather than Name • Conditional Business Grants with no People in Them (Options; Security Interests)

6. ALL: DQ3.12/3.15: How Much Control Should e Grantors Have? Why should we allow grantors to have any control at all of what happens to land after they have died? • Might say can choose who gets, but only can give fee simple absolute. • Maybe allow life estates & vested remainders but no conditions on use. • Might limit conditions even more than now. E.g., • Can’t have conditions that limit or mandate religious behavior of an individual grantee. • Can’t have conditions on marrying or not marrying.

7. CHAPTER 4: ADVERSE POSSESSIONINTRODUCTION Cont’d

8. Adverse Possession: Color of Title 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

9. 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?

10. 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

11. 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

12. 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?

13. 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 relationsw 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

14. ELEMENTS OF ADVERSE POSSESSION Our Sequence • Actual Use • Open & Notorious • Exclusive • Continuous • Adverse/Hostile Primary Panel Responsibilities: BADLANDS DQ4.04-4.06 (Today) Rev. Prob. 4A (Tuesday 3/28) Rev. Prob. 4B in DF Next Week

15. 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

16. 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

17. 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”

18. 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

19. 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)

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

21. 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

22. 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”?

23. BADLANDS: “Actual” DQ4.04-4.06 & Rev. Prob. 4A NORBECK PASS

24. Review Problem 4A: “Actual Use” Element BADLANDS Tuesday March 28 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!!

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

26. 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

27. 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

28. 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?

29. 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.

30. 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.

31. 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?