4-22-19 EARTH DAY & NATIONAL JELLY BEAN DAY PROPERTY B SLIDES 4-22-19 EARTH DAY & NATIONAL JELLY BEAN DAY

I Will Post on Course Page by Friday Night: Music to Accompany Troubled Teens Green Day, Warning (2000) featuring “Blood, Sex & Booze” I Will Post on Course Page by Friday Night: Instructions Page & Detachable Syllabus for Your Exam Final Versions of Info Memos for Chapter 1-2, 4-5 Including All DF Problems & All Sample Exam Submission Qs Comments & Models for Most Qs on 2015 & 2017 Exams

Review Problem 5D (S145) SEQUOIA BADLANDS Gudridge Acad Review Problem 5D (S145) SEQUOIA BADLANDS Gudridge Acad. = Dom P Andy/Serv. SEQUOIAS NORBECK PASS

Review Problem 5D Badlands = P Andy/Serv Review Problem 5D Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom. S-acre = Large wooded lot between public road & private beach. Dawson Inst. = Former art school for college-aged students Got as gift from GF an easement to use the private beach and the driveway during daylight hours. DI students used driveway & beach to sketch or paint. Gudridge Academy buys Dawson Inst. Runs post-high school “transition schools” for troubled teens. Uses easement for student athletic activities like running /swimming

Review Problem 5D Badlands = P Andy/Serv Review Problem 5D Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom. Dawson Inst. (DI) = Former art school for college-aged students DI students used easement (driveway & beach) to sketch or paint. GA buys DI to run post-high school “transition school” Uses easement for student athletic activities like running /swimming Looking for Arguments/Missing or Ambiguous Facts Blackletter Tests as Starting Points for the Relevant Concerns: Language Burden Purpose/Quality

Use must be reasonable considering the terms of the grant Review Problem 5D: LANGUAGE Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom Use must be reasonable considering the terms of the grant “The owner of Silver-Acre, for himself, his successors and assigns, grants the Dawson Institute, its successors and assigns, the right for its owners, employees and pupils to use, during daylight hours, the private beach on Victory Bay and the driveway connecting the beach to the county road.”

Review Problem 5D: LANGUAGE = Easy Q! “The owner of Silver-Acre, for himself, his successors and assigns, grants the Dawson Institute, its successors and assigns, the right for its owners, employees and pupils to use, during daylight hours, the private beach on Victory Bay and the driveway connecting the beach to the county road.” NOTHING in LANGUAGE inconsistent with what you know of GA use. (Can’t rely on unstated intent of grantor) IF GA acts outside stated limits (after dark; off driveway; invites parents or other schools), can enjoin particular violations, but shouldn’t prevent continued use w/in language unless pretty clear that these violations are unavoidable. . [Can discuss briefly.]

Review Problem 5D: LANGUAGE = Easy Q! “The owner of Silver-Acre, for himself, his successors and assigns, grants the Dawson Institute, its successors and assigns, the right for its owners, employees and pupils to use, during daylight hours, the private beach on Victory Bay and the driveway connecting the beach to the county road.” Because easily within language: A should concede this point. (Not every sub-issue will be contestable) Case will turn on purpose & burden.

Arguments (incl. Missing/Ambiguous Facts)? Possible Increased Burdens? Review Problem 5D: BURDENS on SERRVENT O Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom “Burden must not be significantly greater than that contemplated by parties” Arguments (incl. Missing/Ambiguous Facts)? Possible Increased Burdens?

Review Problem 5D: BURDENS on SERVIENT O Badlands = P Andy/Serv Review Problem 5D: BURDENS on SERVIENT O Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom “Burden must not be significantly greater than that contemplated by parties” Arguments (incl. Missing/Ambiguous Facts)? Possible Increased Burdens? Noise; Maintenance of Driveway & Beach (Damage, Litter, etc.); Security? MORE? Increases Likely to Be Significant?

“Evolutionary not revolutionary” changes allowed. Review Problem 5D: PURPOSE/QUALITY Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom “Evolutionary not revolutionary” changes allowed. (Chevy Chase = “Quality”; Marcus Cable = “Purpose”) Possible Characterization Arguments? Defense of Characterization/Significance? E.g., I’m Skeptical of “College-Aged  Teens”

“Evolutionary not revolutionary” changes allowed. Review Problem 5D: PURPOSE/QUALITY Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom “Evolutionary not revolutionary” changes allowed. (Chevy Chase = “Quality”; Marcus Cable = “Purpose”) Possible Characterization Arguments? Both are "typical spare time activities for students" "Solitary still silent concentration" v. "Group dynamic commotion" "Quiet work" v. "Vigorous workout“

Qs on Rev. Prob. 5D or on Scope of Easement Qs Generally Qs on Rev. Prob. 5D or on Scope of Easement Qs Generally? (Good-Bye to Badlands & Sequoia)

Review Problem 5N (S154) EVERGLADES ACADIA (Non-Waivable) (Waivable) EGRET IN MANGROVE SWAMP SUNRISE

Rev. Prob. 5N (S154): Opinion/Dissent Q (E-by-N) Assume Facts Sufficient for E-by-N & Knowing Waiver ACADIA: Range of [Policy] Arguments for Allowing Knowing Waiver of Easement by Necessity EVERGLADES: Range of [Policy] Arguments for Prohibiting Waivers of Easement by Necessity

Rev. Prob. 5N (S154): Opinion/Dissent Q (E-by-N) ACADIA: Range of [Policy] Arguments for Allowing Knowing Waiver of Easement by Necessity EVERGLADES: Range of [Policy] Arguments for Prohibiting Waivers of Easement by Necessity Arguments Comparing This Issue with Non-Waivable Rights We’ve Studied, E.g., Shack, Javins, N.Y. Roommate Law

Qs on Rev. Prob. 5N (Opinion/Dissent) or on Opinion/Dissent Qs Generally or on Easements-by-Necessity? (Good-Bye to Acadia & Everglades)

OLYMPIC: 5P (S156) EEL GLACIER

OLYMPIC: Review Problem 5P (LAWYERING) Client just inherited Princeacre (PA) HARM = Law Firm w Office Building [HOB] near PA Only Car Access to HOB= 2 Roads across PA Freeway blocks car access in other direction HARM says sold PA to client’s predecessor with understanding they’d be able to keep using the two roads. Legal & Factual Research re Possible E-mt by Implication GENERAL LEGAL?

OLYMPIC: Review Problem 5P (LAWYERING) Only Car Access to HOB= 2 Roads across PA; Freeway blocks car access in other direction. Claim: PA sold w understanding HARM could keep using 2 roads. Legal/Factual Research re Possible E-mt by Implication GENERAL LEGAL? Check Cases & Statutes Elements of E-by-I? Definitions/Explanations? Similar Cases: Road access to business Distinction between Grant & Reservation

OLYMPIC: Review Problem 5P (LAWYERING) Only Car Access to HOB= 2 Roads across PA; Freeway blocks car access in other direction. Claim: PA sold w understanding HARM could keep using 2 roads. Legal & Factual Research re Possible E-mt by Implication? FACTS & ADDITIONAL LEGAL (Element by Element) Prior Use/Split? Necessity at Split? Apparent at Split? Current Notice to New Owner? Intent at Split to Continue Prior Use?

Qs on Rev. Prob. 5P (Lawyering) or on Lawyering Qs Generally or on Easements-by-Implication? (Good-Bye to Olympic & Yellow-Brick Road)

Review Session Sunday (4/28) 7pm Here Video & Slides Posted on Course Page Afterward Primarily Exam Technique General Advice Then for Each Type of Q: Advice/Common Problems Specifics Related to This Year’s Qs/Instructions After That, I’ll Take Your Qs 1st on Technique Then on Substance

Office Hours (Also on Course Page & My Door) Today 10:30 a.m.-12:30 p.m. Tomorrow: 8:45-10:45 a.m, Saturday 2-5 p.m. Sunday 2-6 p.m. Monday (4/29) 10 a.m-1:30 p.m. & 2:30-6 p.m. Tuesday (4/30) 10 a.m-1:30 p.m. & 2:30-6 p.m. I’ll Take E-Mail Qs (if Reasonable in Quantity & Scope) Sent by 6:00 pm, Tuesday 4/30

Balanced Topical Coverage: PROPERTY B: FINAL EXAM Balanced Topical Coverage: Each Chapter (Except 3) Tested in Two or Three Different Parts of Qs/Problems

PROPERTY B FINAL EXAM

Q1 = Hyenas (Shenzi, Banzai & Ed) PROPERTY B: FINAL EXAM Seven Questions = Seven [Sets of] Characters Q1 = Hyenas (Shenzi, Banzai & Ed) Q2A = Scar Q2B = Mufasa Q2C = Simba & Nala Q2D = Pumbaa Q3 = Rafiki Q4 = Timon

Introducing 2 NEW AMERICAN STATES Cole + Esther GARIDOTI CHOLESTER Gary + Doty

WHAT IS PROPERTY?

WHAT IS PROPERTY?

WHAT IS PROPERTY?

WHAT IS PROPERTY?