PROPERTY D SLIDES

Thursday March 27 Music (to Accompany Bell): The B-52s: Cosmic Thing (1989) featuring “Love Shack” Review Problem 5A For Plaintiff (OO): Abeckjerr, Desir, Halmoukos, Pan For Defendant (APor): Giles, Ireland, Khoury, Schiff Alternates: Iscowitz, George Arches Critique due Sat. 4:00 pm

Review Problem 5A “ Actual Use” Element AP Lives Next to Vacant Lot Initially: Stone walls on 3 sides; graffiti; garbage AP repaints walls; removes garbage; plants hedge across 4 th side of lot. For 10Y: AP washes off new graffiti, removes garbage; trims hedge. For 10Y: AP washes off new graffiti, removes garbage; trims hedge. Just looking at Actual Use; assume other elements met.

Review Problem 5A: “Actual Use” Element (3/27) In-Class Arguments: Yellowstone Critique: Arches For Plaintiff (OO): Abeckjerr, Desir, Halmoukos, Pan For Defendant (APor): Giles, Ireland, Khoury, Schiff Arguments/Missing Facts? 1.Cultivation, Improvements, Enclosure a.Enclosure Separately b.All Three Together 2.Activity Like Owner of Similar Property? 3.Activity Meet Purposes of AP/Actual Use?

Equity Playhouse presents 1L in Wonderland 7:00 p.m. Storer Auditorium (in the Business School) Tickets = $5 (on bricks at lunch or at the door) Starring (among others) Ben Muschel Patrick Rostock Claire Wheeler

LOGISTICS: Chapter 4 Exam Test Processing is Complete – Class Generally Did Well (Mean = 19.3/24) – You’ll Get Individual Score Sheets At End of Class On Course Page: Chapter 4 Test: Questions, Correct Answers, Explanations ( me if Qs) Don’t Tell Me How You Did (Good or Bad)!! Don’t Tell Me How You Did (Good or Bad)!!

LOGISTICS: Chapter 4 Exam Relation to Overall Grade – Half-Point for Each Right Answer (Max = 12) – Added to Final Exam Score (Max = 60 Points) – Scores pretty bunched for Chapter 4 Exam, so range operates approximately like half a Final Exam Q NOT a good predictor of Final Exam Score

LOGISTICS: Next Week On Course Page By Noon: – Chapter 6 Supplement, Syllabus & Assignments – Intro Lecture on Tuesday – First Panel Assignments Thursday – Updated Instructions for Submitting Sample Exam Answers including Questions from Chapters 5-6 Tuesday: Review Problem 5G (Shenandoah) – Lawyering Q (Basketball Metaphor) – Element by Element

LOGISTICS: Next Week Monday & Tuesday: – Busy + Tired = Temptation to Skip – Please make an effort to attend if on call, especially for Review Problems; don’t dump responsibility onto a few people – Take time to do prep as a brief break on Saturday or Sunday

ELEMENTS OF ADVERSE POSSESSION Our Sequence 1. Actual Use 2. Open & Notorious 3. Exclusive 4. Continuous, cont’d 5. Adverse/Hostile Panel Responsibilities Primary: Shenandoah Rev. Prob. 5E (4/1): In-Class: Biscayne Critique: Yellowstone

Adverse Possession Continuous: Overview Focus: Time Used Without Interruption Again Two Issues (We’ll Do Separately) (1) What constitutes sufficient interruption to stop clock? (2) Tacking: When can you add the time of successive Os or APors to get to SoL (we’ll look at later)

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 & Rev Prob 5F Irregular interruptions: emergencies etc. See Rev Prob 5E

SHENANDOAH (DQ ) APPALACHIAN TRAIL

Shenandoah DQ5.14: 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?

Shenandoah DQ5.14: Continuous Evidence Ray: Creepy Summers in Empty Resort Test (P105): “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

Shenandoah DQ5.14: Continuous Evidence Ray: Creepy Summers in Empty Resort Test (P105): “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 Generally No Requirement of Evidence of Use in Off-Season Pros & Cons of Approving Seasonal Use for AP?

Continuous: Seasonal Use Seasonal Use Fit into AP/Continuous Purposes? Purposes of APRole of Particular Element ReposeEnough Time to Merit Repose Punish Sleeping OOConstant 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

Shenandoah DQ5.14: Continuous Evidence Ray: Creepy Summers in Empty Resort Test (P105): “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. 3-4 month season 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 (blurs O&N/Continuous)

Shenandoah DQ5.13: Continuous Evidence Other Cases Ray Test (P105): “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 (S116) #2: “actual & uninterrupted” = What we would call both “actual” and “continuous”

Shenandoah : Continuous More Hard Cases Ray Test (P105): “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

Review Problem 5E: “Continuous” Element (4/1) In-Class Arguments: Biscayne Critique: Yellowstone Arguments/Missing Facts 1.Should a Five-Month Interruption for Medical Emergency in Problem Break Continuity? 2.Assuming Five Months with no Evidence of Possession Would Be Too Long, Was There Enough Evidence of Possession During the Five Months M Was Away to Retain Continuity? (Ray Analysis) 3.What is the Legal Significance of D not doing what M asked?