1. 4-22-19 EARTH DAY & NATIONAL JELLY BEAN DAY
PROPERTY B SLIDES
EARTH DAY & NATIONAL JELLY BEAN DAY

2. I Will Post on Course Page by Friday Night:
Music to Accompany Troubled Teens Green Day, Warning (2000) featuring “Blood, Sex & Booze”
I Will Post on Course Page by Friday Night:
Instructions Page & Detachable Syllabus for Your Exam
Final Versions of Info Memos for Chapter 1-2, 4-5
Including All DF Problems & All Sample Exam Submission Qs
Comments & Models for Most Qs on 2015 & 2017 Exams

3. Review Problem 5D (S145) SEQUOIA BADLANDS Gudridge Acad
Review Problem 5D (S145) SEQUOIA BADLANDS Gudridge Acad. = Dom P Andy/Serv.
SEQUOIAS NORBECK PASS

4. Review Problem 5D Badlands = P Andy/Serv
Review Problem 5D Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom.
S-acre = Large wooded lot between public road & private beach.
Dawson Inst. = Former art school for college-aged students
Got as gift from GF an easement to use the private beach and the driveway during daylight hours.
DI students used driveway & beach to sketch or paint.
Gudridge Academy buys Dawson Inst.
Runs post-high school “transition schools” for troubled teens.
Uses easement for student athletic activities like running /swimming

5. Review Problem 5D Badlands = P Andy/Serv
Review Problem 5D Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom.
Dawson Inst. (DI) = Former art school for college-aged students
DI students used easement (driveway & beach) to sketch or paint.
GA buys DI to run post-high school “transition school”
Uses easement for student athletic activities like running /swimming
Looking for Arguments/Missing or Ambiguous Facts
Blackletter Tests as Starting Points for the Relevant Concerns:
Language
Burden
Purpose/Quality

6. Use must be reasonable considering the terms of the grant
Review Problem 5D: LANGUAGE Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom
Use must be reasonable considering the terms of the grant
“The owner of Silver-Acre, for himself, his successors and assigns, grants the Dawson Institute, its successors and assigns, the right for its owners, employees and pupils to use, during daylight hours, the private beach on Victory Bay and the driveway connecting the beach to the county road.”

7. Review Problem 5D: LANGUAGE = Easy Q!
“The owner of Silver-Acre, for himself, his successors and assigns, grants the Dawson Institute, its successors and assigns, the right for its owners, employees and pupils to use, during daylight hours, the private beach on Victory Bay and the driveway connecting the beach to the county road.”
NOTHING in LANGUAGE inconsistent with what you know of GA use. (Can’t rely on unstated intent of grantor)
IF GA acts outside stated limits (after dark; off driveway; invites parents or other schools), can enjoin particular violations, but shouldn’t prevent continued use w/in language unless pretty clear that these violations are unavoidable. . [Can discuss briefly.]

8. Review Problem 5D: LANGUAGE = Easy Q!
“The owner of Silver-Acre, for himself, his successors and assigns, grants the Dawson Institute, its successors and assigns, the right for its owners, employees and pupils to use, during daylight hours, the private beach on Victory Bay and the driveway connecting the beach to the county road.”
Because easily within language:
A should concede this point. (Not every sub-issue will be contestable)
Case will turn on purpose & burden.

9. Arguments (incl. Missing/Ambiguous Facts)? Possible Increased Burdens?
Review Problem 5D: BURDENS on SERRVENT O Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom
“Burden must not be significantly greater than that contemplated by parties”
Arguments (incl. Missing/Ambiguous Facts)?
Possible Increased Burdens?

10. Review Problem 5D: BURDENS on SERVIENT O Badlands = P Andy/Serv
Review Problem 5D: BURDENS on SERVIENT O Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom
“Burden must not be significantly greater than that contemplated by parties”
Arguments (incl. Missing/Ambiguous Facts)?
Possible Increased Burdens?
Noise; Maintenance of Driveway & Beach (Damage, Litter, etc.);
Security? MORE?
Increases Likely to Be Significant?

11. “Evolutionary not revolutionary” changes allowed.
Review Problem 5D: PURPOSE/QUALITY Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom
“Evolutionary not revolutionary” changes allowed.
(Chevy Chase = “Quality”; Marcus Cable = “Purpose”)
Possible Characterization Arguments?
Defense of Characterization/Significance?
E.g., I’m Skeptical of “College-Aged  Teens”

12. “Evolutionary not revolutionary” changes allowed.
Review Problem 5D: PURPOSE/QUALITY Badlands = P Andy/Serv. Sequoia = D Gudridge Academy/Dom
“Evolutionary not revolutionary” changes allowed.
(Chevy Chase = “Quality”; Marcus Cable = “Purpose”)
Possible Characterization Arguments?
Both are "typical spare time activities for students"
"Solitary still silent concentration" v. "Group dynamic commotion"
"Quiet work" v. "Vigorous workout“

13. Qs on Rev. Prob. 5D or on Scope of Easement Qs Generally
Qs on Rev. Prob. 5D or on Scope of Easement Qs Generally? (Good-Bye to Badlands & Sequoia)

14. Review Problem 5N (S154) EVERGLADES ACADIA (Non-Waivable) (Waivable)
EGRET IN MANGROVE SWAMP SUNRISE

15. Rev. Prob. 5N (S154): Opinion/Dissent Q (E-by-N) Assume Facts Sufficient for E-by-N & Knowing Waiver ACADIA: Range of [Policy] Arguments for Allowing Knowing Waiver of Easement by Necessity EVERGLADES: Range of [Policy] Arguments for Prohibiting Waivers of Easement by Necessity

16. Rev. Prob. 5N (S154): Opinion/Dissent Q (E-by-N) ACADIA: Range of [Policy] Arguments for Allowing Knowing Waiver of Easement by Necessity EVERGLADES: Range of [Policy] Arguments for Prohibiting Waivers of Easement by Necessity Arguments Comparing This Issue with Non-Waivable Rights We’ve Studied, E.g., Shack, Javins, N.Y. Roommate Law

17. Qs on Rev. Prob. 5N (Opinion/Dissent) or on Opinion/Dissent Qs Generally or on Easements-by-Necessity? (Good-Bye to Acadia & Everglades)

18. OLYMPIC: 5P (S156)
EEL GLACIER

19. OLYMPIC: Review Problem 5P (LAWYERING)
Client just inherited Princeacre (PA)
HARM = Law Firm w Office Building [HOB] near PA
Only Car Access to HOB= 2 Roads across PA
Freeway blocks car access in other direction
HARM says sold PA to client’s predecessor with understanding they’d be able to keep using the two roads.
Legal & Factual Research re Possible E-mt by Implication
GENERAL LEGAL?

20. OLYMPIC: Review Problem 5P (LAWYERING)
Only Car Access to HOB= 2 Roads across PA; Freeway blocks car access in other direction. Claim: PA sold w understanding HARM could keep using 2 roads.
Legal/Factual Research re Possible E-mt by Implication
GENERAL LEGAL?
Check Cases & Statutes
Elements of E-by-I? Definitions/Explanations?
Similar Cases: Road access to business
Distinction between Grant & Reservation

21. OLYMPIC: Review Problem 5P (LAWYERING)
Only Car Access to HOB= 2 Roads across PA; Freeway blocks car access in other direction. Claim: PA sold w understanding HARM could keep using 2 roads.
Legal & Factual Research re Possible E-mt by Implication?
FACTS & ADDITIONAL LEGAL (Element by Element)
Prior Use/Split?
Necessity at Split?
Apparent at Split? Current Notice to New Owner?
Intent at Split to Continue Prior Use?

22. Qs on Rev. Prob. 5P (Lawyering) or on Lawyering Qs Generally or on Easements-by-Implication? (Good-Bye to Olympic & Yellow-Brick Road)

23. Review Session Sunday (4/28) 7pm Here
Video & Slides Posted on Course Page Afterward
Primarily Exam Technique
General Advice
Then for Each Type of Q:
Advice/Common Problems
Specifics Related to This Year’s Qs/Instructions
After That, I’ll Take Your Qs
1st on Technique
Then on Substance

24. Office Hours (Also on Course Page & My Door)
Today 10:30 a.m.-12:30 p.m.
Tomorrow: 8:45-10:45 a.m,
Saturday 2-5 p.m.
Sunday 2-6 p.m.
Monday (4/29) 10 a.m-1:30 p.m. & 2:30-6 p.m.
Tuesday (4/30) 10 a.m-1:30 p.m. & 2:30-6 p.m.
I’ll Take Qs (if Reasonable in Quantity & Scope)
Sent by 6:00 pm, Tuesday 4/30

25. Balanced Topical Coverage:
PROPERTY B: FINAL EXAM
Balanced Topical Coverage:
Each Chapter (Except 3) Tested in Two or Three Different Parts of Qs/Problems

26. PROPERTY B FINAL EXAM

27. Q1 = Hyenas (Shenzi, Banzai & Ed)
PROPERTY B: FINAL EXAM
Seven Questions = Seven [Sets of] Characters
Q1 = Hyenas (Shenzi, Banzai & Ed)
Q2A = Scar Q2B = Mufasa
Q2C = Simba & Nala Q2D = Pumbaa
Q3 = Rafiki
Q4 = Timon

28. Introducing 2 NEW AMERICAN STATES
Cole Esther
GARIDOTI
CHOLESTER
Gary Doty

29. WHAT IS PROPERTY?

30. WHAT IS PROPERTY?

31. WHAT IS PROPERTY?

32. WHAT IS PROPERTY?