PROPERTY B SLIDES 3 27 19 NATIONAL SCRIBBLE

PROPERTY B SLIDES 3 -27 -19 NATIONAL SCRIBBLE DAY

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

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

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

PROPERTY B: 3/27 Why is This Night Different …? … Back in Brooklyn!!!

CHAPTER 4: ADVERSE POSSESSION INTRODUCTION Cont’d

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

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

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

Cases: Brief Introduction with Memory Aids Bell (Wash. 1989) Houseboat Tied to Land with Woodshed, Sauna & Moving Outhouse The B-52 s, COSMi. C Thi. NG featuring “Love Shack”

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 (S 110 -13) • Marengo Cave (Ind 1937) (in Note at P 114 -15 on Open & Notorious)

Cases: Brief Introduction with Memory Aids Howard v. Kunto (S 110 -13) Everyone is One Lot Over from Their Deed

Adverse Possession: Overview Cases: Three Common Fact Patterns 1. Mistaken Owner w Good Faith Belief in Title • ~Ray; Howard 2. Boundary Dispute between Neighbors • Miami Herald Article; Rev Probs 4 J-4 L, 4 N 3. Outsider “Squatting” • Lutz; E. 13 th St. ; Bell

SEQUOIA: DQs 4. 02 -4. 03 SEQUOIAS

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

Adverse Possession: Color of Title Sequoia DQ 4. 02 • • Writing (Incorrectly) Purporting to Give Title Significance: Makes it Easier for APors to Prove Case DQ 4. 02: Why do states have stricter requirements for AP w/o Color of Title?

Adverse Possession: Color of Title Sequoia DQ 4. 02 • • Writing (Incorrectly) Purporting to Give Title Significance: Makes it Easier for APors to Prove Case DQ 4. 02: Why do states have stricter requirements for AP w/o Color of Title? Reward good faith; reward better title

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 • • Changes Requirements/Elements in Some States We’ll Go Through Some Specifics as We Cover Indiv. Elements • Significance:

Adverse Possession: Boundary Disputes Sequoia. DQ 4. 03 • • AP regarding overlapping borders, not whole lots Significance: Changes Requirements/Elements in Some States DQ 4. 03: Why Treat Boundary Disputes Differently?

Adverse Possession: Boundary Disputes Sequoia. DQ 4. 03 • • AP regarding overlapping borders, not whole lots Significance: Changes Requirements/Elements in Some States DQ 4. 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

ELEMENTS OF ADVERSE POSSESSION Our Sequence 1. Actual Use 2. 3. 4. 5. Open & Notorious Exclusive Continuous Adverse/Hostile Primary Panel Responsibilities: ACADIA DQ 4. 04 -4. 06 (Today M 0 nday) Rev. Prob. 4 B (Wed 4/3) Rev. Prob. 4 A in DF Wed & Fri Next Week

Adverse Possession Actual Use: Overview 1. Focus: What has APor Done on Land a. Has to be some physical possession/entry to trigger So. L 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

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

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”

Adverse Possession Actual Use: Overview Cultivation, Enclosure, Improvements (CEI) Part of DQ 4. 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

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)

Adverse Possession Actual Use: Overview Fit into AP Purposes of AP Repose Punish Sleeping OO Role of Particular Element Triggers So. L Enough Activity to Give Notice to Reasonable OO? Type We Want to Reward? Reward Beneficial Use/Labor Protect Connection/ Sufficient to Merit Investment Protection?

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

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 4 A (Mon) addresses some hard Qs Qs on Overview of “Actual Use”?

Review Problem 4 B: “Actual Use” Element ACADIA WEDNESDAY April 3 Arguments/Missing Facts? 1. Cultivation, Improvements, Enclosure a. b. Enclosure Separately All Three Together 2. Activity Like Owner of Similar Property? 3. Activity Meet Purposes of AP/Actual Use? Only Doing This One Element; Assume Others Met!!

ACADIA: DQ 4. 04 Acadia Sunrise

Actual Use Element in the Cases DQ 4. 04: Lutz (NY 1952) Squatters’ Garden Thrives During the Great Depression Billie Holiday Sings

Actual Use: DQ 4. 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

Actual Use: DQ 4. 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

Actual Use: DQ 4. 04 (Badlands) Lutz: Garden of Great Depression If Need CEI: • Cultivation: “usually cultivated” • Evidence Here? • Why Rejected by Majority? • Why Did Dissent Disagree?

Actual Use: DQ 4. 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.

Actual Use: DQ 4. 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.

Actual Use: DQ 4. 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?