MUSIC: Joan Baez, Play Me Backwards (1992)

Nightmare on 68 th Street BASIC ELEMENTS MET EASILY ACTUAL: Improvement plus use O&N: Same (if actual knowledge not required) CONTINUOUS: 1938  7+ Years EXCLUSIVE: No evidence of others using ADVERSE: No evidence of permission

Nightmare on 68 th Street DQ45: Middle S41: Mr. Smith: “We paid the taxes all those years on that lot.” … “[T]hey could claim no payment of taxes.” Legal significance?

Nightmare on 68 th Street DQ45: Middle S41: Mr. Smith: “We paid the taxes all those years on that lot.” … “[T]hey could claim no payment of taxes.” Florida requires payment of taxes if no color of title. Note that payment of taxes by the original owner is almost always true in AP cases and is not a defense. Legal issue here is whether Pullens/ Davises paid, not whether Smiths did.

Nightmare on 68 th Street DQ45: Middle S41: Mr. Smith: “We paid the taxes all those years on that lot.” … “[T]hey could claim no payment of taxes.” Fl. requires payment of taxes if no color of title. Color of Title here? – Valid deed to lot plus – Incorrect survey indicating ownership of disputed strip Sufficient? (policy Q)

Nightmare on 68 th Street State of Mind Some Florida caselaw appears to require bad faith in boundary disputes Should good faith reliance on faulty survey be OK? (policy Q; no cases on point)

Nightmare on 68 th Street Implicit Boundary Dispute Policy Qs IF Deed plus incorrect survey = color of title: APor wins –OR— IF Good faith payment of taxes assessed meets statutory reqmt: APor wins IF NOT There will almost never be successful boundary dispute AP Similar policy considerations to O&N and state of mind for boundary disputes.

Note 7C: Exceptions (S32) Details not important. Need to know: 1.AP normally doesn’t run against the gov’t 2.States have different disability provisions that toll the statute of limitations – Helpful to have a general sense of the possible categories – Don’t need to know specifics of operation

DQ47: Adverse Possession Policy: Five Grain Legislative Debate

Florida Legislature considering eliminating or modifying adverse possession doctrine. Proposals include – Complete elimination – Color of Title Only – Adverse Possessor must pay market value Position likely taken by environmental advocacy group?

DQ47: Adverse Possession Policy: Five Grain Legislative Debate Florida Legislature considering eliminating or modifying adverse possession doctrine. Proposals include – Complete elimination – Color of Title Only – Adverse Possessor must pay market value Position likely taken by advocacy group for the homeless?

DQ47: Adverse Possession Policy: Five Grain Legislative Debate Florida Legislature considering eliminating or modifying adverse possession doctrine. Proposals include – Complete elimination – Color of Title Only – Adverse Possessor must pay market value Arguments suggested by facts of cases we read?

DQ47: Adverse Possession Policy: Five Grain Legislative Debate Florida Legislature considering eliminating or modifying adverse possession doctrine. Proposals include – Complete elimination – Color of Title Only – Adverse Possessor must pay market value Other Proposals/Arguments?

MON & TUES: REVIEW PROBLEM 2A: CONTINUOUS: OATS 1.Is five months too great an interruption in ten year statute 2.If it would be, is there enough evidence of M’s presence at house to meet the element anyway (cf. Ray)? 3.Legal significance of friend not doing what he was instructed to do?

Mon & Tues: Review Problem 2B Open & Notorious (Rice) 1.Assume trees constitute sufficient actual use. (Exam Technique Issue). 2.Be prepared to discuss possible significance of each fact in problem. 3.Be prepared to discuss whether, as a policy matter, we should treat this kind of encroachment as open & notorious.

WRITTEN ASSIGNMENT II Tasks & Purposes (Default Answer to all Qs) – Factual Summary Info to Partner (& others) unfamiliar with file Example of common role as summarizer (closed memos) – Issues List Allows boss to review work Use as outline during interview In-Class Exercise (10/1) – Witness Interviews (Need Volunteers) – Lecture on Facts & Evidence

Chapter 3: The Reese’s Peanut Butter Cup Problem

Readings for Mon/Tues Posted Tomorrow a.m. Include Maguire v. Yanke (P59-63) – Ranchers v. Farmers re Straying Cattle – Addressed as Trespass/Right to Exclude Problem – Think About Whether Better Characterized as Nuisance Coase Theorem (in notes after Maguire)