1. 4-21-17 NATIONAL KINDERGARTEN DAY NATIONAL DAY OF SILENCE
PROPERTY A SLIDES
NATIONAL KINDERGARTEN DAY
NATIONAL DAY OF SILENCE

2. Optional Sample Answers
Music to Accompany Rev. Prob. 5M Dave Matthews Band, Under the Table and Dreaming (1994) featuring “Warehouse”
Optional Sample Answers
All Submissions Due 2 p.m.
Can Use Exam Version of Syllabus Posted Near Top of Course Page
For answers turned in between now & deadline, I’ll have sign-up sheet in class Monday with available times for review on 4/29-5/1.
I Should Be Able to Post Virtually All Old Comments/Models After Submission Deadline Sunday

3. Qs on Rev. Prob. 5L (Opinion/Dissent from Yesterday) or on Opinion/Dissent Qs or on Easements-by-Necessity? (Good-Bye to Badliands)

4. EVERGLADES: Review Problem 5O (S138)
EGRET IN MANGROVE SWAMP

5. Review Problem 5O (S138) (Everglades) Easement-by-Prescription
Client = private college; owns fenced-in 5-acre wooded parcel (WW)
Used for study of local ecology
Can’t access w/o member of Biology faculty
Reform School (MA) next to WW claims E-by-P across WW alleging:
MA students broke through fence in two places
For 10+ years, MA students have been using a now well-defined path through WW to travel between their dormitories and a nearby mall.
General Background?

6. Review Problem 5O (Everglades) Easement-by-Prescription
[Actual] Use of Pathway
Open & Notorious
Continuous
Exclusive (Some Jurisdictions)
Adverse/Hostile
Which Element(s) Likely Biggest Hurdle to Claim?
How Address? (Legal  Factual)

7. Review Problem 5O (Everglades) Easement-by-Prescription
[Actual] Use of Pathway
Open & Notorious
Continuous
Exclusive (Some Jurisdictions)
Adverse/Hostile
Other Elements: Legal  Factual

8. Review Problem 5O Easement-by-Prescription
[Actual] Use of Pathway
Open & Notorious
Continuous
Exclusive (Some Jurisdictions)
Adverse/Hostile
Qs on Rev Prob 5O or on E-by-P?
(Good-Bye to Everglades)

9. Review Problem 5M (S137) Implied Easements Generally
Client Chris purchased warehouse from PPC & now using it.
DDD owns adjoining lot; doing construction
DDD discovers that water/sewer pipes serving C warehouse run through DDD lot. (Client would be Dominant Tenement)
No evidence of express easement.
Two parcels once had single owner.
All four types possible
General Background?

10. SEQUOIA: Review Problem 5M: E-by-I & E-by-N
SEQUOIAS

11. Review Problem 5M (Sequoia) Easement-by-Implication
One parcel is split in two
Prior Use (“Quasi-Easement”)
Intent to continue prior use
*Apparent, visible or reasonably discoverable
*Some degree of necessity
Some states treat 4 & 5 as separate elements; some treat as evidence of intent
Generally? Elements: Legal  Factual?
Run to Current Owners?