1. 3-28-17 National Black Forest Cake Day
PROPERTY A SLIDES
National Black Forest Cake Day

2. Tuesday Mar 28 Music to Accompany Ray: Barry Manilow: Summer of ‘78 (1996)
NCAA Contest
Three Left Standing:
Ezell wins: If North Carolina plays South Carolina in Final OR
If North Carolina beats Gonzaga in Final
Ortega wins: If Oregon plays Gonzaga in Final OR
If Gonzaga beats North Carolina in Final
Warner wins: If Oregon plays South Carolina in Final
No Office Hours Today

3. XRTV Xtreme Reality Television a quick peek into the future
PROPERTY A: 3/28
TUESday Pop Culture Moment
XRTV
Xtreme Reality Television
a quick peek into the future

4. XRTV: Xtreme Reality Television
GOVERNOR SWAP
Have you ever wondered whether the grass is greener in a different state? Two governors, one from a red state and one from a blue state, discover that it often isn't when they hand over the keys to their offices and literally switch administrations for two weeks.

5. 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 …

6. 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.

7. XRTV: Xtreme Reality Television
BUSH DYNASTY
The Story of the Family that (Sometimes) Runs the USA
This Week: Can Jeb Cope With Not Getting the Cool Job in Washington When His Kid Brother Got It?

8. 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

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

10. Pop Culture Update Me on 3/3/14: Top Model Under the Guns
From Damascus to Kabul to Kiev, 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 --

11. 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.

12. ELEMENTS OF ADVERSE POSSESSION
Primary Panel Responsibilities:
BADLANDS
DQ cont’d (Today)
Rev. Prob. 4A (Today)
Rev. Prob. 4B in DF This Week
Our Sequence
Actual Use
Open & Notorious
Exclusive
Continuous
Adverse/Hostile

13. 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

14. Actual Use Element in the Cases DQ4.04: Lutz (NY 1952) Recap
Squatters’ Garden Thrives
During the Great Depression
Improvements, Cultivation, Enclosure (ICE)
Improvements : Problems w state of mind
Cultivation: Lot of evidence of substantial garden, but but maj finds insufficiently clear & convincing evidence to show boundaries exactly in a no color of title case
Enclosure: Didn’t seem to argue

15. Actual Use: DQ4.04 (Badlands) 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?

16. 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

17. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
Looking at Case as a Whole
Meet Purposes of Actual Use Element?
Might look at CEI cumulatively
Lutz in many casebooks b/c generally thought to be WRONG.

18. Actual Use: DQ4.05 (Badlands) 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

19. Actual Use: DQ4.06 (Badlands) 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?

20. 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

21. 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

22. BADLANDS: “Actual” DQ4.06 & Rev. Prob. 4A
NORBECK PASS

23. 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?

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

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

26. BADLANDS Review Problem 4A: “Actual Use” Element
Arguments/Missing Facts?
Cultivation, Improvements, Enclosure
Enclosure Separately
All Three Together
Activity Like Owner of Similar Property?
Activity Meet Purposes of AP/Actual Use?
Only Doing This One Element; Assume Others Met!!

27. ELEMENTS OF ADVERSE POSSESSION
Our Sequence
Actual Use
Open & Notorious
Exclusive
Continuous
Adverse/Hostile
Primary Panel Responsibilities
ACADIA
DQ (Tuesday)
Review Problem 4C (Mon 4/3)

28. 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

29. 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”

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

31. 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!!

32. 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 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.)

33. 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

34. Acadia: “Open &Notorious” in the Cases: DQ4.07-4.09
Acadia Sunrise

35. DQ4.07 (Acadia) 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

36. DQ4.07 (Acadia) 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

37. 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)

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

39. Open & Notorious: Hard Qs Acadia 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?

40. Open & Notorious: Hard Qs Acadia 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
Modern Commentators Suggest Result is Wrong
Hard to See What More APor Could Do
On Test, Can Treat as Non-Binding Authority