National Nebraska Day National Deep Dish Pizza Day PROPERTY B SLIDES (4/5/19) National Nebraska Day National Deep Dish Pizza Day

Costa * Douglas * Eastman Bolaños * Cabreras * Halloran Music to Accompany E. 13th Street (& Squatters Everywhere) Rent (Original Broadway Cast) (1996) (Disc One) Class Today 7:55-9:55 Break at 8:50 Next Few DF Sessions: Rev Prob 4A (Actual) Today @ 12:30 (Brendan Room F309) Rev Prob 4F (Exclusive) Monday @ 9:40 (Brendan) Wed @ 9:40 (Lauren) Please See Me Before Class or During Break: Costa * Douglas * Eastman Hoover * Koskinen Very Last Lunch Meet on Bricks @ 12:25 Bolaños * Cabreras * Halloran Kotoske * Volosin

ELEMENTS OF ADVERSE POSSESSION Our Sequence Actual Use Open & Notorious Exclusive Continuous Adverse/Hostile Panel Responsibilities EVERGLADES DQ4.10-4.13 Rev. Prob. 4D (me) Rev. Prob. 4E (Mon 4/8) Rev. Prob. 4F (DF Next Week)

Arguments/Missing Info? EVERGLADES: Rev. Prob. 4E (Monday) Last Names A-D (for OO = N) Last Names E-Z (for APor = D) Arguments/Missing Info? If jurisdiction accepts literal argument, OO wins. Assume it doesn’t Which facts in problem (other than passing of time) are helpful for each side? Be ready to respond to other side’s claims. Discuss whether a court should consider what OO has done sufficient in light of the policies implicated by this element. Identify possible additional facts or legal rules (that are not inconsistent with what I’ve told you) that might affect the outcome.

Adverse Possession Exclusive: Overview Focus: Use by Others Beside APor. Two Issues (We Do Separately) More Common Issue: Also use by OO (Last Time) Less Common Issue: Also use by other third parties (non-owners) (Today)

Exclusive (Use by Other 3d Parties): Overview Need to behave like O vis-à-vis public If you look no different from public, no good FL: use of land by public in way that suggests public right defeats exclusivity of individual APor BUT Penn. case (S118): some limited trespasses by public OK if APor behaving like O Small group working together can jointly AP land without being treated as “pub;ic” BUT if large enough group, looks liked public again, so no good. Sanchez (cited at P116).

EVERGLADES: EXCLUSIVE & DQ 4.10 EGRET IN MANGROVE SWAMP

Exclusive (Use by Other 3d Parties): DQ4.10: Bell Bell: Floating House & Shifting Outhouse Evidence in Case ?:

Exclusive (Use by Other 3d Parties): DQ4.10: Bell Bell: Floating House & Shifting Outhouse Evidence in Case ?: 2 families use similarly to Bell No attempt to by Bell to exclude or behave as O E.g., didn’t ask for $ or permission Compare land to houseboat, which he did lease out to someone else Wash SCt say Bell loses b/c not acting like true O Suggests Bell not very different than others So why give him title?

Exclusive (Use by Other 3d Parties): DQ4.10: Bell Bell quoting Wood (S109) “Exclusive dominion over land is the essence of possession, and it can exist in unused land if others have been excluded therefrom. A fence is the usual means relied upon to exclude strangers and establish the dominion and control characteristic of ownership.” As much about Actual as Exclusive IMPORTANT: Fence not only way to establish dominion vis- à-vis strangers!!! Can physically chase away Can grant permission/accept money for use

Exclusive (Use by Other 3d Parties) Purposes Fit into AP Purposes Purposes of AP Role of Particular Element Repose Punish Sleeping OO Reward Beneficial Use/Labor Worth Rewarding if Acting Along w Other 3d Parties? Protect Connection/ Investment Enough Interest to Protect if Acting Along w Other 3d Parties?

Adverse Possession Exclusive: Overview Focus: Use by Others Beside APor. Two Issues (We Do Separately) More Common Issue: Also use by OO (Note: Bell has virtually nothing to say about when/whether limited use by OO breaks exclusivity by the APor) Less Common Issue: Also use by other third parties (non- owners) Qs on Exclusive?

On Course Page After Class LOGISTICS On Course Page After Class Complete Assignment Sheet Updated Instructions for Sample Exam Answer Submission Window #2 Answers/Explanations Memo from EFI Test (We’ll E-Mail You When Individualized Scores/Results are Available for Pick Up from Tina Sutton)

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 (including Me after class & in Office Hours) re Courses & Profs

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 Becoming a Well-Rounded Lawyer Resume Management Taking Care of Yourself

(1) 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)

(1) 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

(2) RESUME MANAGEMENT Preparing for a Specialty Area Not a College Major; A Few Courses  Specialty Check Lists On Registrar’s Page Talk to Faculty in Area Putting Yourself in the Best Light

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

(3) 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 You pay too much to be bored!! My 2019-20 Upper Level Courses Fall: Trusts & Estates Essentials Spring : Property II (Selected Topics in Land Use)

FINAL POINT re Apparent Fork in the Road

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?

APRIL IS HERE! BRIEF IS IN!! WHAT NOW??

And Down the Stretch They Come …

Generally BRIEF IS IN! WHAT NOW?? Keep Preparing & Going to Class End of semester material often tested disproportionately. Profs often summarize, tie together themes, and give exam hints in last classes. Here: Take In-Class Review Problems Seriously

Generally BRIEF IS IN! WHAT NOW?? Keep Preparing & Going to Class Old exam Qs under exam conditions Practice the skills Learn what your Profs look for Here: Look at a Couple of Old Tests & Some Best Answers Now

BRIEF IS IN! WHAT NOW?? Generally Keep Preparing & Going to Class Old exam Qs under exam conditions Think about exam technique My Exam skills Workshop Slides I’m Sending to Franks & Iglesias for Review Info from current Profs Still time to review last semester’s exams

BRIEF IS IN! WHAT NOW?? Generally Keep Preparing & Going to Class Old exam Qs under exam conditions Think about exam technique It’s a Marathon, Not a Sprint Plan Your Studying Conserve Energy

BRIEF IS IN! WHAT NOW?? Property Integrate Work with Overall Study Plan 2d Exam, 5th Day After Crim Pro Test Submit Sample Q: Deadline = Sun 4/21 @ Noon By Wed Night 4/17 if You Weant Feedback Before Crim Pro

BRIEF IS IN! WHAT NOW?? Property Integrate Work with Overall Study Plan Old Qs Under Exam Conditions 15 min read/60 min write Closed book except for syllabus

BRIEF IS IN! WHAT NOW?? Property Integrate Work with Overall Study Plan Old Qs Under Exam Conditions Read end-of-semester IMs & Old Comments/Models as They Become Available

BRIEF IS IN! WHAT NOW?? Property Integrate Work with Overall Study Plan Old Qs Under Exam Conditions Read IMs & Old Comments/Models Utilize Review Session & Pre-Exam Office Hours

YOU CAN DO THIS !

ELEMENTS OF ADVERSE POSSESSION Our Sequence Actual Use Open & Notorious Exclusive Continuous Adverse/Hostile Panel Responsibilities OLYMPIC DQ4.14-4.16 Rev. Prob. 4H (ME) Rev. Prob. 4I (Monday)

Adverse Possession Continuous: Overview Focus: Time Used Without Interruption Again Two Issues (We’ll Do Separately) (1) What constitutes sufficient interruption to stop clock? (a) Interruptions by OO (we cover under “Exclusive”) (b) Interruptions by APor: Legal test often as in Ray: Use like an ordinary owner of similar property (2) Tacking: When can you add the time of successive Os or APors to get to SoL

Continuous: Overview Fit into AP Purposes Purposes of AP Role of Particular Element Repose Enough Time to Merit Repose Punish Sleeping OO Sufficiently Constant Notice; OO who Misses Must Be “Asleep” Reward Beneficial Use/Labor Labor More Likely Beneficial if Activity Continuous, Not Sporadic Protect Connection/ Investment Connections More Likely Strong if Activity Continuous, Not Sporadic

Continuous Overview: Easy Qs, Hard Qs Easy Cases YES: No Interruptions in Use at All Easy Cases NO: Significant Interruption(s) Different from Ordinary User Harder Cases Regular seasonal interruptions See Ray , Howard & Rev Prob 4H Irregular interruptions: emergencies etc. See Rev Prob 4I

OLYMPIC: “Continuous” in the Cases DQ4.14-4.16 EEL GLACIER

Court: Same Evidence as for O&N Sufficient to Put OO on Notice Olympic DQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort Court: Same Evidence as for O&N Sufficient to Put OO on Notice Court Says Time Spent was “Most of Colonel Ray’s Leave Time.” Why Relevant?

OlympicDQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake” Need to check character of disputed lot “Continuous” differs for, e.g., wild & undeveloped land residential Agricultural

Pros & Cons of Approving Seasonal Use for AP? Olympic DQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake” Under Tests Like This, Lots of Cases Say Seasonal Use of Seasonal Property is Sufficiently Continuous E.g., Summer Houses and Ski Cabins (Howard v. Kunto) Generally No Requirement of Evidence of Use in Off-Season Pros & Cons of Approving Seasonal Use for AP?

Pros & Cons of Approving Seasonal Use for AP? Olympic DQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake” Under Tests Like This, Lots of Cases Say Seasonal Use of Seasonal Property is Sufficiently Continuous Pros & Cons of Approving Seasonal Use for AP? Easier for OO to Miss; Hard Lines to Draw v. APor Shouldn’t Have to do More Than Ord. Owner

Continuous: Seasonal Use Seasonal Use Fit into AP/Continuous Purposes? Purposes of AP Role of Particular Element Repose Enough Time to Merit Repose Punish Sleeping OO Sufficiently Constant Notice; OO who Misses Must Be “Asleep” Reward Beneficial Use/Labor Labor More Likely Beneficial if Activity Continuous, Not Sporadic Protect Connection/ Investment Connections More Likely Strong if Activity Continuous, Not Sporadic

Seasonal Use of Seasonal Property is Sufficiently Continuous Olympic DQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake” Seasonal Use of Seasonal Property is Sufficiently Continuous Generally No Requirement of Evidence of Use in Off-Season Note: Residence in Ray Shorter than Typical Seasonal Use One month v. 2-3 month season (NY Schools Out ~ June 22-Labor Day) Court seems to allow b/c year-round evidence of presence Suggests argument that unusual interruptions OK under test if sufficient evidence of use remains (again blurs O&N/Continuous)

Olympic DQ4:14: Continuous Evidence Other Cases Ray Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake” Lutz: Garden of Great Depression? Bell: Floating House & Shifting Outhouse?

Washington List of Elements v. Ours Bell List of Elements (S108) #2: “actual & uninterrupted” = What we would call both “actual” and “continuous”

Continuous: More Hard Cases Ray Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake” This test also creates issues re i) Emergency interruptions ii) Unusually long vacations (if residence or business) Presumably can follow Ray and ask re evidence of use that remains when APor is absent

Adverse Possession Continuous: Overview of Tacking Focus: Time Used Without Interruption (1) What constitutes sufficient interruption to stop clock? (2) Tacking: When can you add the time of successive OOs or APors to get to SoL? Add time of either line if privity (sufficient legal connection) But don’t if consecutive unrelated trespassers