PROPERTY B SLIDES 4-1-19 April Fools Day

Tuesday Mar 28 Music to Accompany Ray: Barry Manilow: Summer of ‘78 (1996) NCAA Contest Four Left Standing: Baker wins: If Virginia wins the Tournament Baldecchi wins: If Texas Tech beats Virginia in Final Doty wins: If Michigan State beats Virginia in Final Gonzalez wins: If Auburn beats Virginia in Semi-Final No DF Today

Monday Pop Culture Moment Xtreme Reality Television: PROPERTY B: 4/1 Monday Pop Culture Moment XRTV Xtreme Reality Television: a quick peek into the future (What if We Combined Skills Contests with Survival Shows)

XRTV: Xtreme Reality Television Survivor Chef Antarctica Contestants prepare gourmet dishes with penguins, seals, and killer whales they have to catch themselves. Featuring Padma Lakshmi & Shaun White

XRTV: Xtreme Reality Television DANCE MOMS of the SERENGETI Follow young tribal dancers’ early steps on the road to stardom with their doting mothers in tow for every rehearsal, performance and bow …

XRTV: Xtreme Reality Television DANCE MOMS of the SERENGETI Follow young tribal dancers’ early steps on the road to stardom with their doting mothers in tow for every rehearsal, performance and bow … all while dodging CROCODILES and HIPPOS at the water hole next to their studio.

XRTV: Xtreme Reality Television The Voice in the Wilderness Aspiring Singers Get Two Weeks of Survival Training Before Being Left in the Wilderness in Yellowstone National Park. …

XRTV: Xtreme Reality Television The Voice in the Wilderness Can They Sing Well Enough (and Loud Enough) To Get a Judge’s Rescue Helicopter to Turn Around and Pick Them Up? Bear Gryllis Kelly Clarkson

XRTV: Xtreme Reality Television Top Model Under the Guns From Syria to Somalia, from Kashmir to Kabul, Our Aspiring Models Bring Fashion to the World’s War Zones Who Will Be Eliminated Tonight? “Take Cover, Girl!!!” Tyra Banks Anderson Cooper

Pop Culture Reality Update Me on 3/3/14: Top Model Under the Guns From Kashmir to Kabul, Our Aspiring Models Bring Fashion to the World’s War Zones Miami Herald on 3/9/14: Miami Company Takes Golfers Into Danger Zones You can play golf in Kabul on Afghanistan’s only course, protected by a professional security team --

You Can’t Make This Stuff Up Miami Herald on 3/9/14: Miami Company Takes Golfers Into Danger Zones You can play golf in Kabul on Afghanistan’s only course, protected by a professional security team for only $40,000 to $80,000 for a five-day excursion.

MAKING UP TIME FOR FRIDAY LOGISTICS MAKING UP TIME FOR FRIDAY Extend 3 Classes (7:55-9:55) Fri April 5 (incl. course advising) Fri April 19 Mon April 22 I’ll Drop Vezey DF This Week Rev. Prob. 4B Wed Lauren @ 9:40 Fri Brendan @ 12:30

Previously in Property B Adverse Possession Justifications: Statute of Limitations & Beyond Two Concerns that Transcend Individual Elements Color of Title & Its Significance Border Disputes (v. AP of Separate Lots)

Previously in Property B Adverse Possession Elements: Rules, Focus, Evidence, Purpose Actual Use Cultivation, Enclosure, Improvements Ordinary Owner of Similar Property Rev. Probs. 4A & 4B Open & Notorious (Starting Today) Exclusive Continuous Advers/Hostile

ELEMENTS OF ADVERSE POSSESSION Primary Panel Responsibilities: ACADIA DQ4.04-4.06 cont’d (Today) Rev. Prob. 4B (Wed.) DF : Rev. Prob. 4A (Wed/Fri) Our Sequence Actual Use Open & Notorious Exclusive Continuous Adverse/Hostile

Adverse Possession Actual Use: Overview: Recap 1. Focus: What has APor Done on Land a. Has to be some physical possession/entry to trigger SoL b. In practice need much more to satisfy element (LMN) 2. Many State-specific legal tests/examples in materials

Actual Use Element in the Cases DQ4.04: Lutz (NY 1952) Recap Squatters’ Garden Thrives During the Great Depression Improvements, Enclosure, Cultivation Improvements : Problems w state of mind (We’ll come back to) Enclosure: Didn’t seem to argue

Actual Use Element in the Cases DQ4.04: Lutz (NY 1952) Recap Squatters’ Garden Thrives During the Great Depression Improvements, Enclosure, Cultivation Cultivation: Lot of evidence of substantial garden grew crops supplied several neighbors; “nearly all” of lot + extended from one side to other survey + testimony that same area cultivated earlier “truck farm” “fruit trees” & substantial size

Actual Use Element in the Cases DQ4.04: Lutz (NY 1952) Recap Squatters’ Garden Thrives During the Great Depression Improvements, Enclosure, Cultivation Cultivation: Lot of evidence of substantial garden Maj rejects; Need clear proof of area occupied; not clear enough here “Clarity” important here: (1) Concern b/c no Color of Title  (2) Just get what you can prove you actually occupied

ACADIA: DQ4.04-4.06 cont’d Acadia Sunrise

Actual Use: DQ4.04 (Acadia) Lutz: Garden of Great Depression Looking at Case as a Whole Meet Purposes of Actual Use Element? Doing enough to give notice to reasonable OO? Doing enough to create connection to land? Type of use we want to reward?

Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression Looking at Case as a Whole Meet Purposes of Actual Use Element? Has some cultivation, some improvements, some partial enclosure Court chooses not to look at together Another court might do differently

Actual Use: DQ4.04 (Acadia) Lutz: Garden of Great Depression Looking at Case as a Whole Meet Purposes of Actual Use Element? Might look at CEI cumulatively As I Noted Wednesday, Lutz in many casebooks b/c generally thought to be WRONG on cultivation.

Actual Use: DQ4.05 (Acadia) Ray: Creepy Summers in Empty Resort Evidence of Actual Use? i) Summer residence, but not emphasized by itself ii) Lower Ct: Notice of claim given by constant & conspicuous use & bounded on all sides by path, rock garden, etc. (MAF: flimsy kind of enclosure) iii) CtApp adds: Installation of utilities + Preservation of cottage (substantial structure) How Does Court Deal with CEI Requirements? Seems unconcerned w technical reqmts (cf. Lutz) Focuses instead on: Adequate to give notice (purpose) Usual acts of ownership

Actual Use: DQ4.06 (Acadia) Bell: Floating House & Shifting Outhouse Evidence of Actual Use? (I’ll Go Through Some Available Tests) Cultivation, Improvements, Enclosure (& Residence)? Activity Like Owners of Similar Property? Fit Purposes of AP/Actual?

Actual Use: DQ4.06 Bell: Floating House & Shifting Outhouse Evidence of Actual Use? Cultivation, Improvements, Enclosure (& Residence) No Cultivation or Enclosure Improvements: Sauna, Woodsheds, Moving Outhouse Residence: Not Really; Lives on Houseboat Activity Like Os of Similar Property? Tricky. Fit Purposes of AP/Actual? Notice v. Labor/Connection

Actual Use: DQ4.06 Bell: Floating House & Shifting Outhouse Washington S.Ct. Decides Case on “Exclusive” Doesn’t Rule on “Actual Use” BUT Could Easily Have Held Insufficient Evidence

Actual Use: DQ4.06 (Badlands) E. 13th St.: Coalition of Squatters Possible Evidence of Actual Use Imagination Exercise Like Fact Research for Lawyering Q How Prove “Living” in Apts in Q? NOTE: Could do similar exercise for summer houses in Howard v. Kunto

Actual Use: DQ4.06 (Acadia) E. 13th St.: Coalition of Squatters Possible Evidence of Actual Use Dissent: Improvements & Attempts to Preserve the Buildings/Units Qs on “Actual Use” Element?

ELEMENTS OF ADVERSE POSSESSION Our Sequence Actual Use Open & Notorious Exclusive Continuous Adverse/Hostile Primary Panel Responsibilities BADLANDS DQ4.07-4.09 (Today  Wed) Review Problem 4C (Mon 4/8)

Open & Notorious: Background Important Distinction Actual Knowledge (Fact Q): Person in Q is Aware of Relevant Fact v. Notice (Legal Q): Under the Circumstances, Person in Q Should Be Aware of Relevant Fact “Ignorance of Law is No Excuse”: People Generally Considered to Have Sufficient Notice of What Law Is (Even if no Actual Knowledge) You Are Supposed to Be Monitoring Your Own Property, so if Activity is Deemed “Open & Notorious”, You Are Treated as Having Notice of the AP Claim

Adverse Possession Open & Notorious: Overview 1. Focus: Visibility/Notoriety to OO Checking Property Common Test: “Use Visible to one on Surface of Property” Florida Version: “Sufficient to put a person of Ordinary Prudence on Notice”

Adverse Possession Open & Notorious: Overview The Reasonable Man Ordinary Prudence

Adverse Possession Open & Notorious: Overview 1. Focus: Visibility/Notoriety to OO Checking Property Common Test: “Use Visible to one on Surface of Property” Not Concerned with Visibility of APor but of Use Not Concerned with Visibility by Neighbors OK if behind wall/fence 37th Floor Apt: Visibility Inside Apt!!

Adverse Possession Open & Notorious: Overview 1. Focus: Visibility/Notoriety to OO Checking Property Common Test: “Use Visible to one on Surface of Property” Common Error: Concern re APor Sneaking or Hidden from Street See Casebook @ P119: Use should not be “surreptitious.” BUT even if APor acts “surreptitiously” (e.g., at night), still meet test if s/he leaves evidence of USE visible when APor absent (improvement; cultivation, etc.)

Adverse Possession Open & Notorious: Overview 1. Focus: Visibility/Notoriety to OO Checking Property Common Test: “Use Visible to one on Surface of Property” Many States also allow Evidence of Reputation in Community as Owner –OR-- Availability of Info in Public Records Traditionally: e.g., telephone directories Interesting Q might arise w Facebook Page

BADLANDS: “Open &Notorious” DQ4.07-4.09 NORBECK PASS

DQ4.07 (Badlands) Open & Notorious & AP Purposes How Does O&N Fit into AP Purposes? Purposes of AP Role of Particular Element Repose Punish Sleeping OO Reward Beneficial Use/Labor Protect Connection/ Investment

DQ4.07 (Badlands) Open & Notorious & AP Purposes Fit into AP Purposes Purposes of AP Role of Particular Element Repose Punish Sleeping OO Enough Notice to Show that OO Who Misses is Truly Asleep Reward Beneficial Use/Labor Protect Connection/ Investment

Adverse Possession Open & Notorious: Overview Easy Qs/Hard Qs Easy YES: Hard to Lose on O&N if “Actual Use” Hard Qs: Underground: Marengo Caves Boundary Disputes & Small Overlap (e.g., 2 feet)

Open & Notorious: Hard Qs Badlands DQ4.08: Marengo Caves (P114-15) Describe Facts Why Was Use of Caves not “Open & Notorious”?

Open & Notorious: Hard Qs Badlands DQ4.08: Marengo Caves (P114-15) Upshot of Result Normal O&N: Q of notice not actual knowledge Comes from responsibility to monitor land Marengo Seems to require actual knowledge for underground AP. Means normal responsibility to monitor surface doesn’t apply underground. Pros & Cons of Result?

Open & Notorious: Hard Qs Badlands DQ4.08: Marengo Caves (P119-20) Case Means Normal Responsibility to Monitor Surface Doesn’t Apply Underground Facts Missing from Note in Textbook APor had Given Tours of Caves for 46 Years (Well-Known; Big Signs) OO had Taken Tour of Caves Himself (!!) Somew Modern Commentators Suggest Result is Wrong Hard to See What More APor Could Do On Test, Can Treat as Non-Binding Authority

Adverse Possession Open & Notorious: Easy Qs/Hard Qs Easy YES: Hard to Lose on O&N if “Actual Use” Hard Qs: Marengo Caves Holds that for Undertground AP, Need Actual Knowledge to meet O&N Treat as Non-Binding Precesedent Boundary Disputes & Small Overlap (e.g., 2 feet) Issues Similar to Underground re Notice v. Knowledge See Review Problem on Mangroves See Opinion/Dissent on Boundary Disputes; Can Do as Sample Q for Second Window)