1. PROPERTY B SLIDES
NATIONAL SCRIBBLE DAY

2. Wednesday Mar 27: Music to Accompany Lutz: Billie Holiday Sings (1952)
Next Few DF Sessions:
Today/Friday (Lauren): Lawyering Problem 1H from Lawyering Qs Bank at Bottom of Course Page
Next Wed (Lauren) & Fri (Brendan): Review Problem 4B
NCAA CONTEST
Hard Copy Forms on Front Table
Submit to Me Electronically or to Me or Tina in Hard Copy Before ConLaw Tomorrow

3. Why is This Night Different …?
PROPERTY B: 3/27
WEDNESday
Pop Culture Moment
72 Years Ago in Brooklyn:
1st Night of Passover
Why is This Night Different …?

4. Why is This Night Different …? A Brief Tribute to Jackie Robinson
PROPERTY B: 3/27
Pop Culture Moment
Why is This Night Different …?
A Brief Tribute to Jackie Robinson
& Branch Rickey

5. Why is This Night Different …? … Back in Brooklyn!!!
PROPERTY B: 3/27
Pop Culture Moment
Why is This Night Different …?
… Back in Brooklyn!!!

6. CHAPTER 4: ADVERSE POSSESSION INTRODUCTION Cont’d

7. Cases: Brief Introduction with Memory Aids Lutz (NY 1952)
Squatters’ Garden Thrives
During the Great Depression
Billie Holiday Sings

8. Cases: Brief Introduction with Memory Aids Ray (NY 1996)
Creepy Summers in Empty Resort
barry manilow, summer of ‘78

9. Squatters’ Ensemble Tries to Act Together
Cases: Brief Introduction with Memory Aids E. 13th Street (NY. Supr. 1996)
Squatters’ Ensemble Tries to Act Together
RENT (Original Cast Album)

10. Cases: Brief Introduction with Memory Aids Bell (Wash. 1989)
Houseboat Tied to Land with
Woodshed, Sauna & Moving Outhouse
The B-52s, COSMiC ThiNG
featuring “Love Shack”

11. Secondary Cases: Not Required for Panels
I’ll Use Facts or Specific Doctrinal Points as Examples
I Won’t Call on You for These
Need to Read Eventually; Can Follow Better if Read
Howard (Wash App 1970 (S110-13)
Marengo Cave (Ind 1937) (in Note at P on Open & Notorious)

12. Cases: Brief Introduction with Memory Aids Howard v. Kunto (S110-13)
Everyone is One Lot Over
from Their Deed

13. Adverse Possession: Overview Cases: Three Common Fact Patterns
Mistaken Owner w Good Faith Belief in Title
~Ray; Howard
Boundary Dispute between Neighbors
Miami Herald Article; Rev Probs 4J-4L, 4N
Outsider “Squatting”
Lutz; E. 13th St.; Bell

14. SEQUOIA: DQs
SEQUOIAS

15. Adverse Possession: Color of Title
Origins: “Color of …” Title, Law
Writing (Incorrectly) Purporting to Give Title
Often Defective Will or Deed
Need to Have Good Faith Belief in Document
Significance:
Makes it Easier for APors to Prove Case
Examples in Readings of Rules Doing This

16. Adverse Possession: Color of Title Sequoia DQ 4.02
Writing (Incorrectly) Purporting to Give Title
Significance: Makes it Easier for APors to Prove Case
DQ4.02: Why do states have stricter requirements for AP w/o Color of Title?

17. Adverse Possession: Color of Title Sequoia DQ 4.02
Writing (Incorrectly) Purporting to Give Title
Significance: Makes it Easier for APors to Prove Case
DQ4.02: Why do states have stricter requirements for AP w/o Color of Title?
Reward good faith; reward better title

18. Adverse Possession: Boundary Disputes v. AP of Complete Parcel
AP regarding overlapping borders, not whole lots.
Most Common Type of AP Case
Shows Up in Some of My Old Problems
Significance:
Changes Requirements/Elements in Some States
We’ll Go Through Some Specifics as We Cover Indiv. Elements

19. Adverse Possession: Boundary Disputes SequoiaDQ 4.03
AP regarding overlapping borders, not whole lots
Significance: Changes Requirements/Elements in Some States
DQ4.03: Why Treat Boundary Disputes Differently?

20. Adverse Possession: Boundary Disputes SequoiaDQ 4.03
AP regarding overlapping borders, not whole lots
Significance: Changes Requirements/Elements in Some States
DQ4.03: Why Treat Boundary Disputes Differently?
1. Tension re diligent owners v. friendly relations w neighbors. (Cross-Reference Easements by Estoppel in Chapter 5)
2. Maybe different expectations re OO’s diligence (Al-Qaeda & 5-foot strip)
3. Less concern about underutilization of land

21. ELEMENTS OF ADVERSE POSSESSION
Primary Panel Responsibilities:
ACADIA
DQ (TodayM0nday)
Rev. Prob. 4B (Wed 4/3)
Rev. Prob. 4A in DF Wed & Fri Next Week
Our Sequence
Actual Use
Open & Notorious
Exclusive
Continuous
Adverse/Hostile

22. Adverse Possession Actual Use: Overview
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
a. In real case, check specifics in your state
b. On exam: Note & Deal w Possibilities
i) Lawyering Q
ii) Issue-Spotter or Short Problem

23. Adverse Possession Actual Use: Overview
1. Focus: What has APor Done on Land
2. Many State-specific legal tests/examples in materials
Common: Version of “Use Like Ordinary Owner of Similar Property.” E.g.,
Ray (similar test for both Actual & Continuous)
Lutz Dissent (quoting Ramapo)
Common: Cultivation, Enclosure, Improvements (CEI)
NY [& Florida] Statutes

24. Adverse Possession Actual Use: Overview
Cultivation, Enclosure, Improvements (CEI)
Rough Definitions (can check local law)
Cultivation = Growing things; some sense of crops for food or sale
Enclosure = Surrounding land in Q w fences/walls
Improvements (Technical Legal Term)
= Substantial Building or Repairs
Not Just “Making Property Better”

25. Adverse Possession Actual Use: Overview
Cultivation, Enclosure, Improvements (CEI)
Part of DQ4.05: When statute says CEI, can you have AP if residing or operating biz from pre-existing bldg.?
Probably. No FL case re old statute holds otherwise; cases fall back on “ordinary use” if no CEI
In practice, CEI = steps sufficient to show “possessing” land when not actually in residence or running business

26. Adverse Possession Actual Use: Overview
Cultivation, Enclosure, Improvements (CEI)
CEI = steps sufficient to show “possessing” land when not actually in residence or running business
Likely Source: Where land undeveloped, what are beneficial uses that give notice to OO?
Build
Grow crops
Graze animals + Enclosure (Grazing alone may not be sufficient claim of ownership)

27. Adverse Possession Actual Use: Overview
Fit into AP Purposes
Purposes of AP
Role of Particular Element
Repose
Triggers SoL
Punish Sleeping OO
Enough Activity to Give Notice to Reasonable OO?
Reward Beneficial Use/Labor
Type We Want to Reward?
Protect Connection/ Investment
Sufficient to Merit Protection?

28. Adverse Possession-Actual Use: Overview
Easy Qs/Hard Qs
Relatively Easy YES
Use same as surrounding lots
CEI covering entire claimed area
Residing or Operating Business using Most of Parcel
Relatively Easy NO:
Use significantly less than surrounding lots
Marginal CEI

29. Adverse Possession Actual Use: Overview
Easy Qs/Hard Qs
Hard Qs
Not a lot of use but more than surrounding lots (Ray, Bell, Vezey)
Some non-trivial CEI but incomplete/imperfect (Lutz)
Rev Prob 4A (Mon) addresses some hard Qs
Qs on Overview of “Actual Use”?

30. Review Problem 4B: “Actual Use” Element ACADIA WEDNESDAY April 3
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!!

31. ACADIA: DQ4.04
Acadia Sunrise

32. Actual Use Element in the Cases DQ4.04: Lutz (NY 1952)
Squatters’ Garden Thrives
During the Great Depression
Billie Holiday Sings

33. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
Why no focus on Charley Residing?
Maybe b/c area very small
Maybe b/c anticipated problem with [no] claim of title (we’ll come back to with both improvements in a couple of slides & with state of mind on Thursday)
Even dissent seems to focus more on cultivation
So we’ll look mainly at CEI

34. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
If Need CEI: Enclosure?
Some boundary line around garden; long row of logs & brush
Not Discussed by Majority
Maybe too low; maybe not complete enough
Maybe not claimed by Attys

35. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
If Need CEI:
Cultivation: “usually cultivated”
Evidence Here?
Why Rejected by Majority?
Why Did Dissent Disagree?

36. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
ASIDE: Why should appellate courts defer to the factual findings of a trial court if the appellate judges believe the findings are incorrect?
We Discussed in Context of Sorenson.

37. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
If Need CEI:
Improvements (Substantial Building/Repairs)
Some Small Stuff Insufficient
Portable chicken coop
Cutting of brush and trees
Placing various rubbish on premises.

38. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
If Need CEI:
Improvements (Substantial Building/Repairs)
Some Small Stuff Insufficient
Built Shack: What’s Wrong with?
Garage Partly Over Boundary Line: What’s Wrong With?