FINAL EXAM QS: CHOOSE 3 of 4 Q1: LAWYERING (What Legal & Factual Research….?) Q2: SHORT PROBLEMS (Choose 3 of 4) Q3: OPINION/DISSENT Q4: TRADITIONAL ISSUE-SPOTTER

ASSIGNMENT IV Designed as Practice for Exam Q1 Todo List, Not Solution Not Whole Problem; Stick to Issues Given QS?

SCOPE OF EASEMENT PROBLEMS Review Problem A (Santa & Elves) –Live Oak Arguments/Tuesday –Focus on 3 Blackletter Tests Review Problem B (Satellite Dish) –Mango Arguments/Wednesday –Focus on Chevy Chase, Marcus Cable & Note Cases as Persuasive Authority

WED: RECORDING ACTS with special guest appearances by Elizabeth Taylor & Melissa Ortiz DQ119 (ALL): S125 should be S150

Section F Barbecue Noon-7:00 pm Sunday Key Info on Course Page Check w Micki & Sasha for What to Bring Limits on Space & Parking

SECTION F SPRING COURSES CONTRACTS (WIDEN) WF 8:00-10:00am CRIMINAL PROCEDURE (JONES) TR 11:00am- 12:20pm US CONSTITUTIONAL LAW I (IGLESIAS) M2:00-3:20pm & TR3:30-4:50pm ELECTIVE WF 11:00-12:20pm

1L SPRING ELECTIVES Administrative Law Analysis of Evidence Environmental Law Family Law Housing Discrimination Labor & Employment Social Justice

ELECTIVES: 1L Only v. Mixed 1L Only Administrative Law Analysis of Evidence Family Law Social Justice MIXED Environmental Law Housing Discrimination Labor & Employment

ELECTIVES: Method of Evaluation Final Exam Only Administrative Law Environmental Law (Probably) Labor & Employment MIXED Analysis of Ev. (Projects) Family Law (Quizzes) Housing Disc. (Assnmts) Social Justice (Projects/Short Papers)

ELECTIVES: Later Availability CERTAIN Administrative Law Environmental Law Family Law NOT CERTAIN Analysis of Ev. (Rare) Housing Disc. (Maybe) Labor & Empl. (Probable) Social Justice (Rare)

1L SPRING ELECTIVES Administrative Law Analysis of Evidence Environmental Law Family Law Housing Discrimination Labor & Employment Social Justice

ELECTIVES: Career Focus Criminal Administrative Law Analysis of Evidence Social Justice Business/Corporate Administrative Law Environmental Law Labor & Employment

1L SPRING ELECTIVES Administrative Law Analysis of Evidence Environmental Law Family Law Housing Discrimination Labor & Employment Social Justice

IMPLIED EASEMENTS Easement by Estoppel Easement by Implication Easement by Necessity Easement by Prescription

Easements by Estoppel featuring POINCIANAS

Easements by Estoppel An owner may be estopped from barring a 2d party access to the owner’s property where 1.The owner apparently allows 2d party to use the property 2.2d party reasonably and detrimentally relies on this acquiescence

Easements by Estoppel An owner may be estopped from barring a 2d party access to the owner’s property where 1.The owner apparently allows 2d party to use the property 2.2d party reasonably and detrimentally relies on this acquiescence DQ113: Was the D’s reliance on the oral promise in Stoner reasonable? Was it detrimental?

DQ114: Policy Arguments re Easements by Estoppel: Common Concerns include Doctrine undermines Statute of Frauds Claimants should make sure of legal rights before relying on mere license. Neighbors don’t typically commit all arrangements to signed writings.

DQ114 & Note 2: Should states allow Easements by Estoppel …? Whenever there’s reasonable and detrimental reliance; Only after compensation paid; –OR– Never

Policy Arguments re Easements by Estoppel Note 3: Nelson v. AT&T: Stronger or weaker case than Stoner for granting Easement by Estoppel?

Note 4: How Long Does an Easement by Estoppel Last? Stoner: “For so long a time as the nature of it calls for.” What does this mean … For an irrigation ditch?

N.4: How Long Does E by Estoppel Last? Stoner: “For so long a time as the nature of it calls for.” What does this mean … In the hypo in Note 4: House built in reliance on use of right of way, which created EbyE. House burns down. Can it be rebuilt using that right of way?

EASEMENTS BY IMPLICATION & NECESSITY featuring ROYAL PALM

Emts by Implication & Necessity Both Arise from Split of Larger Parcel –E-by-I: Parties Intend that Prior Existing Use Should Continue –E-by-N: Split Creates Landlocked Parcel Needing Access Same Facts Can Give Rise to Both

EASEMENTS BY NECESSITY: 1.One parcel is split in two 2.Landlock: One resulting parcel is cut off from key access (e.g. to roads) by other parcel (alone or in combination with parcels owned by 3d parties). 3.At time parcels split, access necessary to enjoyment of landlocked parcel

EASEMENTS BY IMPLICATION: 1.One parcel is split in two 2.Prior Use of one part of parcel to benefit another part (“Quasi-Easement”) 3.Circumstances suggest parties intended to continue prior use after split NOTE: STATES VARY ON PRECISE FORMULATION

EASEMENTS BY IMPLICATION: 1.One parcel is split in two. At severance: 2.Prior use (Quasi-Easement) 3.Intent to continue prior use 4.*Apparent, visible or reasonably discoverable 5.*Some degree of necessity * Some jurisdictions treat 4 & 5 as separate elements; some treat as evidence of intent

NOTICE: E-MTS BY IMPLICATION: Need notice to bind subsequent purchasers Actual Notice (Fact Q): Did buyer know about easement? Inquiry Notice (Legal Q): Sufficient info to create duty in reasonable buyer to ask? Usually can’t be notice from records b/c implied.

NOTICE: E-MTS BY NECESSITY: In theory, also need notice to bind Court finding the easement necessary unlikely to find lack of notice.

Williams Island & Elements One parcel is split/ Prior use (Undisputed) Intent to continue prior use: Evidence?

Williams Island & Elements One parcel is split/ Prior use (Undisputed) Intent to continue prior use: Evidence? –Testimony –References to “Easements” in Deed –Overall Circumstances Apparent, visible or reasonably discoverable?

Williams Island & Elements One parcel is split/ Prior use (Undisputed) Intent to continue prior use Apparent, visible or reasonably discoverable Necessity: Court says yes; we’ll do later Notice to Subsequent Purchasers?

Williams Island & Elements Notice to Subsequent Purchasers? –Court says both Actual & Inquiry Unusually good evidence of both intent & notice

Necessity Requirement EASEMENTS BY IMPLICATION: Usually reasonable necessity Some states: strict necessity if implied by reservation (Florida not) EASEMENTS BY NECESSITY: Most states: strict necessity

Implied by grant v. Implied by reservation Parcel split into Eastacre and Westacre: Prior Use = Driveway from House on Eastacre across Westacre to main road. Original owner sells East, retains West = Grant Original owner sells West, retains East = Reservation Original Owner Simultaneously Sells Both to Different People = Grant