PROPERTY D SLIDES April Fool’s Day & National Sourdough Bread Day

Friday April 1 Music (to Accompany MacDonald): Eagles, Hotel California (1976) featuring “The Last Resort” Today: Extendo-Class (7:55-9:45) Badlands Critique of Rev. Prob. 5D Due Noon Everglades Critique of Rev. Prob. 5J Due Noon

APPROACHING COURSE SELECTION

COURSE SELECTION: PREPARATION Become Familiar with Registration Procedures Especially Wait List (Ask Qs!!) Become Familiar with Graduation Requirements Read Course Descriptions Talk to People re Courses & Profs (including Me after class & in Office Hours)

COURSE SELECTION: 2L FALL SEMESTER Not Sophomore Year in College No Need to Get All “Basic Courses” Out of the Way Early No Need to Take Especially Heavy Load Unlikely to Get Everything You Want 3Ls Will Fill or Nearly Fill Many Classes Later 2L Slots Have Even Fewer Options Check in Advance & Prepare Alternatives

COURSE SELECTION: HOW TO CHOOSE 1.Becoming a Well-Rounded Lawyer 2.Resume Management 3.Taking Care of Yourself

Becoming a Well-Rounded Lawyer (My List) Administrative Law: Business Associations: Evidence: Federal Income Tax I: Substantive Criminal Law: Trusts & Estates: U.S. Constitutional Law II: At Least One Comparative/International Course (E.g., International Law, Comparative Law, International Business Transactions) At Least One Course Addressing a Complex Statute: (E.g., Commercial Law, Bankruptcy, Environmental Law, Employment or Housing Discrimination; Disability Law)

Becoming a Well-Rounded Lawyer The Bar Exam: Becoming a Practicing Lawyer Bar Review Courses Will Give You Version You Need for Bar Mildly Helpful to Have Had the Material Before Matters Less the Better You Are at Law School Exams

RESUME MANAGEMENT Preparing for a Specialty Area Not a College Major Check Lists On Registrar’s Page Talk to Faculty in Area Putting Yourself in the Best Light

RESUME MANAGEMENT Preparing for a Specialty Area Putting Yourself in the Best Light Alternate Forms of Evaluation Writing Papers Lawyering Skills Schedules That Facilitate Your Doing Well During Semester Four or More Exams in One Exam Period

TAKING CARE OF YOURSELF Balance in Course Selection # of Exams or Papers Likely Size of Classes One Subject You Really Want to Take Comfortable Daily/Weekly Schedule Choose Professors Rather Than Course Titles

FINAL POINT

NOT FINAL POINT: Registration is NOT a Crucial Turning Point in Your Life You are Picking One Set of Elective Classes Three More Opportunities to Fill in Gaps You’ve Done This Before Employers Care Much Less Than You’d Imagine

FINAL POINT: Registration is Not a Crucial Turning Point in Your Life You are Picking One Set of Elective Classes Three More Opportunities to Fill in Gaps You’ve Done This Before Employers Care Much Less Than You’d Imagine Not a Fork But a Spoon

APPROACHING COURSE SELECTION [NON-TECHNICAL] QUESTIONS?

PROPERTY D: 4/1 Fun with the English Language: Animals & Prepositions

PROPERTY D: 4/1 Animals & Prepositions HORSES are Very Different from MONKEYS …

PROPERTY D: 4/1 Animals & Prepositions So Why Is HORSING AROUND the Same as MONKEYING AROUND?

PROPERTY D: 4/1 Animals & Prepositions And why is WOLFING DOWN the same as PIGGING OUT?

PROPERTY D: 4/1 Animals & Prepositions: OUT-Takes The STOOL PIGEON Was Going to RAT OUT His Boss, BUT He …

PROPERTY D: 4/1 Animals & Prepositions: OUT-Takes The STOOL PIGEON Was Going to RAT OUT His Boss, BUT He a.CHICKENED OUT. b.WORMED OUT of it. c.BUGGED OUT. d.WEASELED OUT of it.

PROPERTY D: 4/1 Animals & Prepositions Finally, The Goldilocks Proposition: A Careful Study of Human Nature…

PROPERTY D: 4/1 Animals & Prepositions The Goldilocks Proposition: A Careful Study of Human Nature BEARS OUT That Sometimes The Only Way To BEAR UP Is To BEAR DOWN

Review Problem 5J (S104) Opinion/Dissent Q Assume Facts Sufficient for E-by-E For Class: Ignore Possibility of Payment Acadia: Range of [Policy] Arguments for Adopting Easement by Estoppel Badlands: Range of [Policy] Arguments for Rejecting Easement by Estoppel Everglades: Critique

Selected Issues in Landlord/Tenant Law I.Legitimate Interests of Tenants & Landlords A. The Importance of Context: Factual & Legal (Brief Lecture Tuesday) A. The Importance of Context: Factual & Legal (Brief Lecture Tuesday) B. Eviction Under the Florida Statutes C. The Right to Transfer II. Habitability & Related Issues

Review Problem 6A: Tim’s Party Tim = Tenant & College Student Holds Big Party at Apt.  Noise; Police Arrest 2 Friends No Prior Violations of Lease or Statute Assume Violation of Fl. Stat.: – Tenant's obligation to maintain dwelling unit. The tenant at all times during the tenancy shall … (7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace. Can Linda (Landlord) Evict Tim for the Party?

Review Problem 6A: Tim’s Party Termination of rental agreement … (2) If the tenant materially fails to comply with §83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may: (a) [Terminate immediately] If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation (b) [Give Seven Days to Cure & Terminate if Not Cured or Repeated w/in one Year] If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, …

Review Problem 6A: Tim’s Party Termination of rental agreement … (2) (a) [Terminate immediately] … Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance. (b) [Give Seven Days to Cure & Terminate if Not Cured or Repeated w/in one Year] … Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

Review Problem 6A: Tim’s Party Example of Common Statutory Problem Statute Creates Two Categories; Into Which Category Does Tim’s Conduct Fit? Common Types of Argument : (I)Literal (I)Literal : Within language of either (a) or (b)? [Party really neither] (II)Comparison (II)Comparison : More like terms listed in (a) or in (b)? Characterization issue like description of scope of easement Policy (III) Policy: Should this behavior (without more ) be enuf for eviction Think about relevant interests of both Ldld & Tnt)

Chapter 5: Easements 1.Overview & Terminology 2.Interpreting Language a.Easement v. Fee b.Scope of Express Easements 3.Implied Easements a.By Estoppel b.By Implication and/or Necessity c.By Prescription

SEQUOIA: Easements-by- Prescription & DQs SEQUOIAS

Easement-by-Prescription Generally 1.Easement Created by Particular Use of Another’s Land for Adverse Possession Period 2.Need to Show Adverse Possession Elements (with Some Variations in Some States) 3.We’ll Look at Elements Individually

Elements Easement-by-Prescription Elements 1.[Actual] Use of Pathway 2.Open & Notorious 3.Continuous 4.Exclusive (Some Jurisdictions) 5.Adverse/Hostile

Sequoia: [Actual] Use Easement-by-Prescription Sequoia: [Actual] Use 1.Not listed as separate element in MacDonald but there must be some kind of use. 2.Usually Straightforward: Use of, e.g., Path or Driveway 3.Sometimes Q of Whether Use is Sufficient to Constitute “Possession” and Trigger AP Claim Instead of E-by-P (See Note 3 P817) 4.MacDonald (DQ5.09): What Meets?

Sequoia: [Actual] Use Easement-by-Prescription Sequoia: [Actual] Use 1.Not listed as separate element in MacDonald but there must be some kind of use 2.Usually Straightforward; Use of, e.g., Path or Driveway 3.Sometimes Q of Whether Use is Sufficient to Constitute “Possession” and Trigger AP Claim Instead of E-by-P (See Note 3 P817) 4.MacDonald (DQ5.09): Golf Shots & Retrieval (Very Atypical!!!)

Sequoia: Easement-by-Prescription Sequoia: Open & Notorious & DQ5.10 (See P817) Some States: Traditional Definition of O&N Use of Path or Driveway Almost Certainly Meets Underground Utilities (Sewage Pipe Hypo) Hard to Meet O&N (Like Marengo Caves) Could Analyze Like Notice for E-by-I or E-by-N

Shenandoah: Easement-by-Prescription Shenandoah: Open & Notorious & DQ5.10 (See P817) Some States: Traditional Definition of O&N Some States: Require that Servient Owner Have Actual Knowledge (e.g., MacDonald) Policy Concerns Similar to Border Disputes; Don’t Necessarily Need O in Possession to Monitor Closely Evidence of Actual Knowledge in MacDonald (DQ5.10): Building Restrictions in Agreement Designed to Allow Continued Use of Area in Q

Shenandoah: Easement-by-Prescription Shenandoah: Continuous (See P817) Obviously Doesn’t Need to be 24/7 for Whole SoL Period Could Just Be Use “Throughout” Period Might Ask re Normal Utilization of That Type of Easement Can be Seasonal Use like Adverse Possession in Ray Evidence in MacDonald (DQ5.09)? Evidence in MacDonald (DQ5.09)?

Shenandoah: Easement-by-Prescription Shenandoah: Continuous (See P817) Obviously Doesn’t Need to be 24/7 for Whole Statutory Period Could just be use “throughout” period Might Ask re Normal Utilization of That Type of Easement Can be Seasonal Use like Adverse Possession in Ray Evidence in MacDonald (DQ5.09): Evidence in MacDonald (DQ5.09): Golf Course in Use Through Whole Period & Golf Course in Use Through Whole Period & Steady # of Users End Up on Land in Q Steady # of Users End Up on Land in Q

Shenandoah: Easement-by-Prescription Shenandoah: Exclusive (See P818) Many Jurisdictions Don’t Require Many Jurisdictions Don’t Require Sensible: Nature of Easement is Non-Exclusive Use Sensible: Nature of Easement is Non-Exclusive Use MacDonald doesn’t list as element Some: Means Exclusive of Everyone but Owner Some (TX): Shared w Owner  Presumption of Permissive Some (TX): Shared w Owner  Presumption of Permissive Hard to overcome: Hard to overcome: Need evidence that O didn’t give permission but didn’t interfere. Need evidence that O didn’t give permission but didn’t interfere.

Easement-by-Prescription Adverse/Hostile & Presumptions 1.General Difficulty: Reasonable to Assume Permission If: O in Possession of Servient Estate AND Use is Open & Notorious?

Easement-by-Prescription Adverse/Hostile & Presumptions 1.General Difficulty: Reasonable to Assume Permission If: O in Possession of Servient Estate AND Use is Open & Notorious? 2.Presumptions frequently decide cases because hard to disprove. Shared use with the owner (e.g., of a driveway) presumed permissive (Texas). How do you disprove? Continuous use for AP Period presumed adverse (MacDonald). How do you disprove?

Easement-by-Prescription Adverse/Hostile & Presumptions 3. Policy Q: What do you do with case like MacDonald or Dupont where visible use continues for a long time and then servient owner suddenly says no? Plausible to say permissive. Could create hybrid of prescription & estoppel: if use goes on long enough, servient owner can’t change mind.

Shenandoah: Easement-by-Prescription Shenandoah: Policy Questions DQ5.08. To what extent do the rationales for AP also support E-by-P? Clearly protect people and the legal system from being burdened with “stale” claims Ideas re Rest? (a) reward beneficial use of land (b) punish sleeping owners (c) recognize psychic connection to the land For you to consider & use to help decide close Qs.