1. 4-4-17 National School Librarian Day
PROPERTY A SLIDES
4-4-17
National School Librarian Day

2. LOGISTICS: Chapter 3 Exam
Music to Accompany Florida Statutory AP Amdts Lady Gaga, Born This Way (2011)
NCAA Contest Winner Ezell (Complete List of Scores on Course Page Later) No DF Today: Make-Up Session Friday (4/7) in F209 12:30-1:30
LOGISTICS: Chapter 3 Exam
I am Handing Out Forms with Your Total # Correct , Your Choices & Correct Answers for Qs You Missed.
IMPORTANT HONOR CODE WARNINGS:
Do Not Open Until After Class & Away from Me
Do Not Tell Me How You Did Overall (Good or Bad)!!
Test a Little Harder than Last Few
Mean = 17.76; Median = 18; Almost All Between 14 and 22
Your Score = # Correct Divided by Two (Max is 12 Pts)
Gets Added to Final Exam Score (Where Max is 60 Pts)
Effect is mostly small: +/- 2 points compared to Median
On Course Page Later Today: Chapter 3 Test: Questions, Correct Answers, Explanations ( me if Qs)

3. APPROACHING COURSE SELECTION

4. COURSE SELECTION: PREPARATION
Become Familiar with Registration Procedures Especially Wait List (Ask Qs!!)
Become Familiar with Graduation Requirements
Read Course Descriptions
Talk to People re Courses & Profs (including Me after class & in Office Hours)

5. COURSE SELECTION: 2L FALL SEMESTER
Not Sophomore Year in College
No Need to Get All “Basic Courses” Out of the Way Early
No Need to Take Especially Heavy Load
Unlikely to Get Everything You Want
3Ls Will Fill or Nearly Fill Many Classes
Later 2L Slots Have Even Fewer Options
Check in Advance & Prepare Alternatives

6. COURSE SELECTION: HOW TO CHOOSE
Becoming a Well-Rounded Lawyer
Resume Management
Taking Care of Yourself

7. Becoming a Well-Rounded Lawyer (My List)
Administrative Law: 
Business Associations: 
Evidence: 
Federal Income Tax I:
Substantive Criminal Law: 
Trusts & Estates: 
U.S. Constitutional Law II: 
At Least One Comparative/International Course (E.g., International Law, Comparative Law, International Business Transactions)
At Least One Course Addressing a Complex Statute:  (E.g., Commercial Law, Bankruptcy, Environmental Law, Employment or Housing Discrimination; Disability Law)

8. Becoming a Well-Rounded Lawyer
The Bar Exam:
Becoming a Practicing Lawyer
Bar Review Courses Will Give You Version You Need for Bar
Mildly Helpful to Have Had the Material Before
Matters Less the Better You Are at Law School Exams

9. RESUME MANAGEMENT Preparing for a Specialty Area
Not a College Major; A Few Courses  Specialty
Check Lists On Registrar’s Page
Talk to Faculty in Area
Putting Yourself in the Best Light

10. RESUME MANAGEMENT Preparing for a Specialty Area
Putting Yourself in the Best Light
Alternate Forms of Evaluation
Writing Papers
Lawyering Skills
Schedules That Facilitate Your Doing Well
During Semester
Four or More Exams in One Exam Period

11. TAKING CARE OF YOURSELF
Balance in Course Selection
# of Exams or Papers
Likely Size of Classes
One Subject You Really Want to Take
Comfortable Daily/Weekly Schedule
Choose Professors Rather Than Course Titles
You pay too much to be bored!!

12. FINAL POINT re Apparent Fork in the Road

13. FINAL POINT: Registration is NOT a Crucial Turning Point in Your Life
You are Picking One Set of Elective Classes
Three More Opportunities to Fill in Gaps
You’ve Done This Before
Employers Care Much Less Than You’d Imagine

14. FINAL POINT: Registration is Not a Crucial Turning Point in Your Life
You are Picking One Set of Elective Classes
Three More Opportunities to Fill in Gaps
You’ve Done This Before
Employers Care Much Less Than You’d Imagine
Not a Fork But a Spoon

15. APPROACHING COURSE SELECTION
[NON-TECHNICAL] QUESTIONS?

16. APRIL IS HERE! BRIEF IS IN!! WHAT NOW??

17. 2d Window: Optional Sample Answers
TUE
WED
THU
FRI
SAT
SUN
MON
4/4 Property
OH 3:15-4:45 OH
8:15-9:45
Property
4/7
2d Sample
Answer
Window Opens
4/10
OH 9:45- 11:15
4/11: Passover: No Property or OH
Passover: No OH
4/14
Property /17
4/18: Property
OH 8:15-9:45
2d Window Deadline (11pm) for Feedback by
Last Class
4/21
Property Make-Up
7:55-9:20
2d Window: Optional Sample Answers
2pm
4/24
Last Property Class
OH 9:45-11:45
4/25: Crim Pro
Crunch Time
No Property or OH
Crim Pro
4/28
Crim Pro Exam (pm)
OH 1-5
OH /1
Review Session
Room TBA 2 pm
5/2 OH 9-1, 2-6
6pm Deadline
Exam (am)
5/5
5/8
ConLaw Exam (am)
5/9
5/11
Elective

18. And Down the Stretch They Come …

19. Generally BRIEF IS IN! WHAT NOW?? Keep Preparing & Going to Class
End of semester material often tested disproportionately.
Profs often summarize, tie together themes, and give exam hints in last classes.

20. Generally BRIEF IS IN! WHAT NOW?? Keep Preparing & Going to Class
Old exam Qs under exam conditions
Practice the skills
Learn what your Profs look for

21. BRIEF IS IN! WHAT NOW?? Generally Keep Preparing & Going to Class
Old exam Qs under exam conditions
Think about exam technique
Exam skills workshops
Info from current Profs
Review last semester’s exams

22. BRIEF IS IN! WHAT NOW?? Generally Keep Preparing & Going to Class
Old exam Qs under exam conditions
Think about exam technique
It’s a Marathon, Not a Sprint
Plan Your Studying
Conserve Energy

23. BRIEF IS IN! WHAT NOW?? Property
Integrate Work with Overall Study Plan
Submit Sample Q: Deadline = Sun 2pm
2d Exam, 5th Day After Crim Pro Test

24. BRIEF IS IN! WHAT NOW?? Property
Integrate Work with Overall Study Plan
Old Qs Under Exam Conditions
15 min read/60 min write
Closed book except for syllabus

25. BRIEF IS IN! WHAT NOW?? Property
Integrate Work with Overall Study Plan
Old Qs Under Exam Conditions
Read end-of-semester IMs & Old Comments/Models

26. BRIEF IS IN! WHAT NOW?? Property
Integrate Work with Overall Study Plan
Old Qs Under Exam Conditions
Read IMs & Old Comments/Models
Utilize Review Session & Pre-Exam Office Hours

27. YOU CAN DO THIS !

28. COMPLETING ADVERSE POSSESSION 4/4-4/6
Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME)
Review Problem 4E: Exclusive (Minimal OO Use) (EVERGLADES)
Set-Up for DQ 1.21 (Policy Implications) (ME)
Adv. Poss. of Gov’t Property (Devins)
2011 Florida Statutory Changes
Boundary Disputes (SEQUOIA/ME)
Review Problem 4H: Continuous (Emergency Absence) (OLYMPIC)
DQ1.21 (Policy Implications) (ALL PANELS)

29. Lutz v. Ray: Why Might NY Ct.App. Be More Generous to Rays?
Couplerof Ideas?

30. Lutz v. Ray: Why Might NY Ct. App. Be More Generous to Rays
Lutz v. Ray: Why Might NY Ct.App. Be More Generous to Rays? Possibilities:
My Original List
Although Rays not claiming under color of title, D’s predecessors never paid her for cottage, so maybe some rights retained.
Better proof of specific area claimed.
Lutz Majority might not have liked changing litigation strategy.
Other Ideas from Prior Classes
Socio-Economic Differences (Summer Home Os v. Unemployed)
Ray’s Military Service
Maybe Upkeep in Abandoned Resort seen as More Socially Useful

31. Adverse/Hostile & State of Mind Bell & DQ4.18
Bell Arguments that state of mind should be irrelevant:
AP depends on “character of [APor’s] possession,” not of APor’s “secret thoughts.” Can’t get AP by thoughts alone, so can’t think yourself out of it.
Doctrine protects both knowing & unknowing APors
Law Clearer w/o Intent = Presumably difficult to prove, especially on old claims

32. Adverse/Hostile & State of Mind Bell & DQ4.18
Other arguments that state of mind should be irrelevant:
Trespass doesn’t require particular state of mind: SoL is running regardless
Encourages lying by APor
Repose & Sleeping OO Concerns Not Connected to State of Mind

33. Adverse/Hostile & State of Mind Bell & DQ4.18
Reasons to Have State of Mind Requirement
Maybe inappropriate to reward knowing “theft” of land
Maybe inappropriate to reward mistake w no intent to claim
BUT any SoL means that people can get away w tort or breach of contract w no liability
What state of mind requirement best serves the purposes of AP (if no color of title)? (For You)

34. State of Mind Famous Scholarly Debate Noted in Textbook
Regardless of Doctrine/Language About State of Mind, Cases Tend to Favor Parties Acting in Good Faith
Arguably consistent with Our Primary Cases
E.g., No Technical Color of Title in Ray or Vezey, BUT
Both claimants arguably acting in good faith under circumstances.
Both claimants treated generously by courts
QS ON STATE OF MIND?

35. AP “Compounds”: Beyond Individual Elements
Lots of Old Review Problems/Examn Qs:
4N in DF this Week
Legal Issues
Exceptions/Limits
Boundary Disputes
Policy Qs: How Should AP Law Operate? (DQ1.21)

36. COMPLETING ADVERSE POSSESSION 4/4-4/6
Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME)
Review Problem 4E: Exclusive (Minimal OO Use) (EVERGLADES)
Set-Up for DQ 1.21 (Policy Implications) (ME)
Adv. Poss. of Gov’t Property (Devins)
2011 Florida Statutory Changes
Boundary Disputes (SEQUOIA/ME)
Review Problem 4H: Continuous (Emergency Absence) (OLYMPIC)
DQ1.21 (Policy Implications) (ALL PANELS)

37. OO (Dolly) inherits lot w summer home & visits in 1990.
EVERGLADES: Rev. Prob. 4E Last Names A-M (for OO = N) Last Names N-Z (for APor = D)
OO (Dolly) inherits lot w summer home & visits in 1990.
APor (Nicole) Purchases w Good Faith Color of Title in 1992
Spends Every Summer on Lot
OO visits in October 1999; plants flower bulbs in 15’ x 2’ strip.
Never goes in house; doesn’t return again until 2007
Flowers come up every spring.

38. EVERGLADES: Rev. Prob. 4E Last Names A-M (for OO = N) Last Names N-Z (for APor = D)
Arguments/Missing Info?
If jurisdiction accepts literal argument, OO wins. Assume it doesn’t.
Which facts in the problem (other than the passing of time) are helpful for each side? Be prepared to respond to other side’s claims.

39. EVERGLADES: Rev. Prob. 4E Last Names A-M (for OO = N) Last Names N-Z (for APor = D)
Arguments/Missing Info?
If jurisdiction accepts literal argument, OO wins. Assume it doesn’t.
Should a court consider what OO has done sufficient to defeat exclusivity in light of the policies implicated by this element?

40. EVERGLADES: Rev. Prob. 4E Last Names A-M (for OO = N) Last Names N-Z (for APor = D)
Arguments/Missing Info?
If jurisdiction accepts literal argument, OO wins. Assume it doesn’t.
Identify possible additional facts or legal rules (that are not inconsistent with what I’ve told you) that might affect the outcome.

41. COMPLETING ADVERSE POSSESSION 4/4-4/6
Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME)
Review Problem 4E: Exclusive (Minimal OO Use) (EVERGLADES)
Set-Up for DQ 1.21 (Policy Implications) (ME)
Adv. Poss. of Gov’t Property (Devins)
2011 Florida Statutory Changes
Boundary Disputes (SEQUOIA/ME)
Review Problem 4H: Continuous (Emergency Absence) (OLYMPIC)
DQ1.21 (Policy Implications) (ALL PANELS)

42. DQ4.21: Adverse Possession Policy: Legislative Debate
State Legislature considering overhaul of Adv. Possession doctrine.
You are legislative aides with each panel addressing specific Qs.
Today, I will introduce Qs & summarize Devins & New Florida Statutes
Thursday, we’ll get a few ideas from each panel.
Purpose: Give you an opportunity to pull chapter together if you were just doing your own panel’s work in last 10 days.

43. DQ4.21: Adverse Possession Policy: Legislative Debate
State Legislature considering overhaul of Adv. Possession doctrine.
You are legislative aides with each panel addressing specific Qs:
(a) (BADLANDS) What arguments about the appropriate scope of adverse possession are suggested by the facts of the cases we covered in this chapter (other than Devins)? [Note Exam Skill for Opinion/Dissent Qs]
(b) (ACADIA) Taking into account the N.J. Supreme Court’s analysis in Devins and the notes after the case, what are some of the strengths and weaknesses of the decision?

44. DQ4.21: Adverse Possession Policy: Legislative Debate
State Legislature considering overhaul of Adv. Possession doctrine.
You are legislative aides with each panel addressing specific Qs:
(c) (EVERGLADES) I will describe primary changes adopted by the Florida legislature in Why, after leaving the adverse possession statutes unchanged for decades, might the legislators have made these changes at that time? Also be prepared to identify some strengths & weaknesses of new rules.

45. DQ4.21: Adverse Possession Policy: Legislative Debate
State Legislature considering overhaul of Adv. Possession doctrine.
You are legislative aides with each panel addressing specific Qs:
(d) (OLYMPIC) What positions might environmental advocacy groups take on adverse possession generally? On Devins? On the new Florida statutes?
(e) (SEQUOIA) What positions might groups representing the interests of homeless people take on adverse possession generally? On Devins? On the new Florida statutes?
I will ask both panels about their general positions before we talk about Devins & Fl Statutes, then bring you back for those topics.

46. COMPLETING ADVERSE POSSESSION 4/4-4/6
Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME)
Review Problem 4E: Exclusive (Minimal OO Use) (EVERGLADES)
Set-Up for DQ 1.21 (Policy Implications) (ME)
Adv. Poss. of Gov’t Property (Devins) (& Other Exceptions)
2011 Florida Statutory Changes
Boundary Disputes (SEQUOIA/ME)
Review Problem 4H: Continuous (Emergency Absence) (OLYMPIC)
DQ1.21 (Policy Implications) (ALL PANELS)

47. Some Exceptions/Limits to AP Based in Difficulty of Enforcement
AP normally doesn’t run against future interest holder (e.g., successful AP while legal owner has life estate just gets the life estate, not any remainder)
States have different provisions that toll the statute of limitations if listed “disability” exists at time AP begins.
Helpful to have a general sense of the possible categories (e.g., for Lawyering Q)
Don’t need to know specifics of operation
AP historically doesn’t run against the gov’t
“Time Doesn’t Run Against the King”
Trend is changing this.

48. Devins (NJ 1991) (P119)
Municipality becomes owner of parcel through tax foreclosure.
Apparently does nothing with property
No improvements; no use by or for public; no announced plans.
Plaintiffs live next door & have color of title re contested lot
Use in ways adjunct to their home for ~25 years (20 Year SoL)
Ps sue to quiet title; lower courts say can’t AP ag. Municipality
NJ SCt reverses; holds that can AP ag. Govt “if not dedicated to or used for a public purpose”

49. Devins (NJ 1991): Key Points
Purposes Behind Traditional Rule Protecting Gov’t
Gov’t “Too Busy” to Keep Track of All Land
State Holds Land in Trust for Public, who Shouldn’t Lose Land b/c Gov’t Personnel are Negligent
Shouldn’t Assume SoL Runs against State Unless Expressly Stated
Legal Trend to Limit Traditional Rule (# of State Laws Listed)
Reasons for Limiting Traditional Rule Here
Rule is Not Statutory, but Based in Caselaw
Prior Decisions Have All Involved Land Dedicated/Used for Public Purpose
Usual AP Concerns: Repose; Certainty; Stale Evidence
Incentives for Municipalities to Care for Land (Not Too Burdensome) & Make It Productive (Tax Rolls)
QUESTIONS?

50. COMPLETING ADVERSE POSSESSION 4/4-4/6
Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME)
Review Problem 4E: Exclusive (Minimal OO Use) (EVERGLADES)
Set-Up for DQ 1.21 (Policy Implications) (ME)
Adv. Poss. of Gov’t Property (Devins)
2011 Florida Statutory Changes
Boundary Disputes /Other Issues Outside the Elements (SEQUOIA/ME)
Review Problem 4H: Continuous (Emergency Absence) (OLYMPIC)
DQ1.21 (Policy Implications) (ALL PANELS)

51. FL AP Amdts (2011) (S117-18): Key Points
Color of Title Provision (95.16): Not Changed
Note re Ptachik point from last week re constructive possession of “known lot or single farm”
No Color of Title Provision (95.18):
Adds to “deemed to be possessed” list: “Occupied and maintained” (not part of Color of Title provision)
Adds special form with detailed identification info to use to notify county that you are starting to pay taxes
Adds requirements that county official
notify owner of record by sending a copy of form
Put a notation of AP claim on the tax rolls (official trecords re property taxes)
QUESTIONS?