4-6-17 National Caramel Popcorn Day National Teflon Day PROPERTY A SLIDES 4-6-17 National Caramel Popcorn Day National Teflon Day

Music to Accompany Devins & DQ4 Music to Accompany Devins & DQ4.21: Bette Midler, Experience the Divine (1993) featuring “From a Distance” 1991 Grammy for Best Adult Contemporary Recrd DF Today (Normal Time & Place) DF Tomorrow 12:39-1:30 F209 After DF Tomorrow, I will post comments/best answers for Review Problems 4E, 4H, 4N 2d Window for Submitting Sample Exam Answers Opens Sunday (Worth the Pane)

COMPLETING ADVERSE POSSESSION 4/6 Review Problem 4H: Continuous (Emergency Absence) (OLYMPIC) Boundary Disputes (ME) DQ4.21 (Policy Implications) (ALL PANELS)

Review Problem 4H: “Continuous” Element OLYMPIC Last Names M-Z (for APor M) Last Names A-L (for OO) M Resided in House with Color of Title for Most of 10Y Statutory Period Absent 5 Mos. Undergoing Rehab for Physical Injury While M Away: Utilities & Mail Service Stopped M’s Friend David watered plants every 2-3 weeks M asked David to Feed Cat at M’s House; Instead David Took Cat to Own Home

Olympic: Review Problem 4H Last Names M-Z (for APor M) Last Names A-L (for OO) Arguments/Missing Facts [Quick Aside: Exam Note re Different Types of Issues] Should the Five-Month Interruption for Medical Emergency in Problem Break Continuity? (Why or Why Not?) Assuming Five Months with no Evidence of Possession Would Be Too Long, Was There Enough Evidence of Possession During the Five Months M Was Away to Retain Continuity? (Ray Analysis) What is the Legal Significance of D not doing what M asked? (i.e., should M get credit for what she asked D to do or only for what he actually did?)

COMPLETING ADVERSE POSSESSION 4/6 Review Problem 4H: Continuous (Emergency Absence) (OLYMPIC) Boundary Disputes (ME) DQ4.21 (Policy Implications) (ALL PANELS)

Adverse Possession Boundary Disputes: Overview Some States : Different requirements for Boundary Disputes. Either or both of: APor must have “bad” state of mind Knows it isn’t hers and intends to take Sometimes called “Maine Doctrine” Some pre-2011 Florida Cases Seem to Adopt This Open & Notorious = Actual Knowledge by OO that on OO’s land (cf. Marengo Caves)

Adverse Possession Boundary Disputes: Overview Some States : Different requirements for Boundary Disputes. Either or both of: APor must have “bad” state of mind Open & Notorious = Actual Knowledge by OO Either Rule Means No AP by Mutual Mistake in Boundary Disputes Policy Arguments Basis for Rev. Prob. 4K (Opinion/Dissent; Can Do for 2d Window Submission)

Why might states treat boundary disputes differently? DQ4.19: Boundary Disputes: Policy Considerations Recap from Beginning of Chapter Why might states treat boundary disputes differently? Concern re Neighborly Relations Maybe discourage lawsuits by neighboring APors by making difficult to win; requiring testimony re own “bad faith” Maybe Different Expectations re Diligent Behavior by OO Often hard to be exact about property line; maybe shdn’t have to be aware of w precision Much less likely to be missing dangerous use of claimed land Much less need for productive use of bortder strip

Nightmare on 68th Street & DQ4.20 Miami Herald Article on Boundary Dispute Available in Info Memo #4 (Optional) Raises Policy Qs I Gave You in DQ4.20 Should Deed plus [Good Faith Belief in] Incorrect Survey = Color of Title for Disputed Strip? If so, APor Likely Wins If No Color of Title …

Nightmare on 68th Street & DQ4.20 Article Raises Policy Qs I Gave You in DQ4.20 Should Deed plus [Good Faith Belief in] Incorrect Survey = Color of Title for Disputed Strip? If so, APor Likely Wins If No Color of Title, APor Must Pay Taxes in FL & Some Other States Should good faith payment of all taxes assessed meet statutory reqmt?

Nightmare on 68th Street & DQ4.20 Article Raises Policy Qs I Gave You in DQ4.20 If Deed plus [Good Faith Belief in] Incorrect Survey is not Color of Title AND Good faith payment of all taxes assessed does not meet statutory reqmt for taxes where no color of title… There will almost never be successful boundary dispute AP (Similar policy considerations to O&N and state of mind for boundary disputes).

Boundary Disputes (BD): Recap Some States Have Stricter O&N or State of Mind Reqmts for BD Making AP Very Hard to Prove Policy Concerns: Neighborly Relations; Expectations re Diligent Behavior by OO; Less Need for Productive Use BD Review Problems 4J & 4L in DF Next Week: Good Review of All Elements Plus Special BD Concerns Questions?

COMPLETING ADVERSE POSSESSION 4/6 Review Problem 4H: Continuous (Emergency Absence) (OLYMPIC) Boundary Disputes (ME) DQ4.21 (Policy Implications) (ALL PANELS) (a) Arguments from Cases (BADLANDS) (d) Environmental Perspective (OLYMPIC) (e) Homeless Advocacy (SEQUOIA) (b) Assessing Devins (ACADIA plus OLYMPIC) (c) Assessing 2011 FL Amdts (EVERGLADES plus SEQUOIA)

Devins (NJ 1991): Key Points Limits Traditional Rule; Can AP against Govt if Not Used for (or Dedicated to) Public Purpose) Notes Legal Trend to Limit Traditional Rule (# of State Laws Listed) Reasons for Limiting Traditional Rule Here Rule is Not Statutory, but Based in Caselaw Prior Decisions Have All Involved Land Dedicated/Used for Public Purpose Usual AP Concerns: Repose; Certainty; Stale Evidence Incentives for Municipalities to Care for Land (Not Too Burdensome) & Make It Productive (Tax Rolls) ACADIA: Strengths & Weaknesses? OLYMPIC: Environmental Perspective?

FL AP Amdts (2011) (S117-18): Key Points No Color of Title Provision (95.18): Adds to “deemed to be possessed” list: “Occupied and maintained” (not part of Color of Title provision) Adds special form with detailed identification info to use to notify county that you are starting to pay taxes Adds requirements that county official notify owner of record by sending a copy of form Put a notation of AP claim on the tax rolls (official trecords re property taxes) EVERGLADES: Why in 2011? Strengths & Weaknesses? SEQUOIA: Perspective of Homeless Advocates?