1. National Nebraska Day National Deep Dish Pizza Day
PROPERTY B SLIDES (4/5/19)
National Nebraska Day
National Deep Dish Pizza Day

2. Costa * Douglas * Eastman Bolaños * Cabreras * Halloran
Music to Accompany E. 13th Street (& Squatters Everywhere) Rent (Original Broadway Cast) (1996) (Disc One)
Class Today 7:55-9:55
Break at 8:50
Next Few DF Sessions:
Rev Prob 4A (Actual)
12:30 (Brendan Room F309)
Rev Prob 4F (Exclusive)
9:40 (Brendan)
9:40 (Lauren)
Please See Me Before Class or During Break:
Costa * Douglas * Eastman
Hoover * Koskinen
Very Last Lunch
Meet on 12:25
Bolaños * Cabreras * Halloran
Kotoske * Volosin

3. ELEMENTS OF ADVERSE POSSESSION
Our Sequence
Actual Use
Open & Notorious
Exclusive
Continuous
Adverse/Hostile
Panel Responsibilities
EVERGLADES DQ
Rev. Prob. 4D (me)
Rev. Prob. 4E (Mon 4/8)
Rev. Prob. 4F (DF Next Week)

4. Arguments/Missing Info?
EVERGLADES: Rev. Prob. 4E (Monday) Last Names A-D (for OO = N) Last Names E-Z (for APor = D)
Arguments/Missing Info?
If jurisdiction accepts literal argument, OO wins. Assume it doesn’t
Which facts in problem (other than passing of time) are helpful for each side? Be ready to respond to other side’s claims.
Discuss whether a court should consider what OO has done sufficient in light of the policies implicated by this element.
Identify possible additional facts or legal rules (that are not inconsistent with what I’ve told you) that might affect the outcome.

5. Adverse Possession Exclusive: Overview
Focus: Use by Others Beside APor.
Two Issues (We Do Separately)
More Common Issue: Also use by OO (Last Time)
Less Common Issue: Also use by other third parties (non-owners) (Today)

6. Exclusive (Use by Other 3d Parties): Overview
Need to behave like O vis-à-vis public
If you look no different from public, no good
FL: use of land by public in way that suggests public right defeats exclusivity of individual APor
BUT Penn. case (S118): some limited trespasses by public OK if APor behaving like O
Small group working together can jointly AP land without being treated as “pub;ic”
BUT if large enough group, looks liked public again, so no good. Sanchez (cited at P116).

7. EVERGLADES: EXCLUSIVE & DQ 4.10
EGRET IN MANGROVE SWAMP

8. Exclusive (Use by Other 3d Parties): DQ4.10: Bell
Bell: Floating House & Shifting Outhouse
Evidence in Case ?:

9. Exclusive (Use by Other 3d Parties): DQ4.10: Bell
Bell: Floating House & Shifting Outhouse
Evidence in Case ?:
2 families use similarly to Bell
No attempt to by Bell to exclude or behave as O
E.g., didn’t ask for $ or permission
Compare land to houseboat, which he did lease out to someone else
Wash SCt say Bell loses b/c not acting like true O
Suggests Bell not very different than others
So why give him title?

10. Exclusive (Use by Other 3d Parties): DQ4.10: Bell
Bell quoting Wood (S109)
“Exclusive dominion over land is the essence of possession, and it can exist in unused land if others have been excluded therefrom. A fence is the usual means relied upon to exclude strangers and establish the dominion and control characteristic of ownership.”
As much about Actual as Exclusive
IMPORTANT: Fence not only way to establish dominion vis- à-vis strangers!!!
Can physically chase away
Can grant permission/accept money for use

11. Exclusive (Use by Other 3d Parties) Purposes
Fit into AP Purposes
Purposes of AP
Role of Particular Element
Repose
Punish Sleeping OO
Reward Beneficial Use/Labor
Worth Rewarding if Acting Along w Other 3d Parties?
Protect Connection/ Investment
Enough Interest to Protect if Acting Along w Other 3d Parties?

12. Adverse Possession Exclusive: Overview
Focus: Use by Others Beside APor.
Two Issues (We Do Separately)
More Common Issue: Also use by OO (Note: Bell has virtually nothing to say about when/whether limited use by OO breaks exclusivity by the APor)
Less Common Issue: Also use by other third parties (non- owners)
Qs on Exclusive?

13. On Course Page After Class
LOGISTICS
On Course Page After Class
Complete Assignment Sheet
Updated Instructions for Sample Exam Answer Submission Window #2
Answers/Explanations Memo from EFI Test (We’ll You When Individualized Scores/Results are Available for Pick Up from Tina Sutton)

14. APPROACHING COURSE SELECTION

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

16. 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

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

18. (1) 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)

19. (1) 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

20. (2) 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

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

22. (3) 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!!
My Upper Level Courses
Fall: Trusts & Estates Essentials
Spring : Property II (Selected Topics in Land Use)

23. FINAL POINT re Apparent Fork in the Road

24. 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

25. 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

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

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

28. And Down the Stretch They Come …

29. 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.
Here: Take In-Class Review Problems Seriously

30. 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
Here: Look at a Couple of Old Tests & Some Best Answers Now

31. BRIEF IS IN! WHAT NOW?? Generally Keep Preparing & Going to Class
Old exam Qs under exam conditions
Think about exam technique
My Exam skills Workshop Slides
I’m Sending to Franks & Iglesias for Review
Info from current Profs
Still time to review last semester’s exams

32. 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

33. BRIEF IS IN! WHAT NOW?? Property
Integrate Work with Overall Study Plan
2d Exam, 5th Day After Crim Pro Test
Submit Sample Q: Deadline = Sun Noon
By Wed Night 4/17 if You Weant Feedback Before Crim Pro

34. 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

35. 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 as They Become Available

36. 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

37. YOU CAN DO THIS !

38. ELEMENTS OF ADVERSE POSSESSION
Our Sequence
Actual Use
Open & Notorious
Exclusive
Continuous
Adverse/Hostile
Panel Responsibilities
OLYMPIC DQ
Rev. Prob. 4H (ME)
Rev. Prob. 4I (Monday)

39. Adverse Possession Continuous: Overview
Focus: Time Used Without Interruption
Again Two Issues (We’ll Do Separately)
(1) What constitutes sufficient interruption to stop clock?
(a) Interruptions by OO (we cover under “Exclusive”)
(b) Interruptions by APor:
Legal test often as in Ray:
Use like an ordinary owner of similar property
(2) Tacking: When can you add the time of successive Os or APors to get to SoL

40. Continuous: Overview Fit into AP Purposes Purposes of AP
Role of Particular Element
Repose
Enough Time to Merit Repose
Punish Sleeping OO
Sufficiently Constant Notice; OO who Misses Must Be “Asleep”
Reward Beneficial Use/Labor
Labor More Likely Beneficial if Activity Continuous, Not Sporadic
Protect Connection/ Investment
Connections More Likely Strong if Activity Continuous, Not Sporadic

41. Continuous Overview: Easy Qs, Hard Qs
Easy Cases YES: No Interruptions in Use at All
Easy Cases NO: Significant Interruption(s) Different from Ordinary User
Harder Cases
Regular seasonal interruptions See Ray , Howard & Rev Prob 4H
Irregular interruptions: emergencies etc. See Rev Prob 4I

42. OLYMPIC: “Continuous” in the Cases DQ4.14-4.16
EEL GLACIER

43. Court: Same Evidence as for O&N Sufficient to Put OO on Notice
Olympic DQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort
Court: Same Evidence as for O&N Sufficient to Put OO on Notice
Court Says Time Spent was “Most of Colonel Ray’s Leave Time.” Why Relevant?

44. OlympicDQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort
Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake”
Need to check character of disputed lot
“Continuous” differs for, e.g.,
wild & undeveloped land
residential
Agricultural

45. Pros & Cons of Approving Seasonal Use for AP?
Olympic DQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort
Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake”
Under Tests Like This, Lots of Cases Say Seasonal Use of Seasonal Property is Sufficiently Continuous
E.g., Summer Houses and Ski Cabins (Howard v. Kunto)
Generally No Requirement of Evidence of Use in Off-Season
Pros & Cons of Approving Seasonal Use for AP?

46. Pros & Cons of Approving Seasonal Use for AP?
Olympic DQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort
Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake”
Under Tests Like This, Lots of Cases Say Seasonal Use of Seasonal Property is Sufficiently Continuous
Pros & Cons of Approving Seasonal Use for AP?
Easier for OO to Miss; Hard Lines to Draw v.
APor Shouldn’t Have to do More Than Ord. Owner

47. Continuous: Seasonal Use
Seasonal Use Fit into AP/Continuous Purposes?
Purposes of AP
Role of Particular Element
Repose
Enough Time to Merit Repose
Punish Sleeping OO
Sufficiently Constant Notice; OO who Misses Must Be “Asleep”
Reward Beneficial Use/Labor
Labor More Likely Beneficial if Activity Continuous, Not Sporadic
Protect Connection/ Investment
Connections More Likely Strong if Activity Continuous, Not Sporadic

48. Seasonal Use of Seasonal Property is Sufficiently Continuous
Olympic DQ4:15: Continuous Evidence Ray: Creepy Summers in Empty Resort
Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake”
Seasonal Use of Seasonal Property is Sufficiently Continuous
Generally No Requirement of Evidence of Use in Off-Season
Note: Residence in Ray Shorter than Typical Seasonal Use
One month v. 2-3 month season (NY Schools Out ~ June 22-Labor Day)
Court seems to allow b/c year-round evidence of presence
Suggests argument that unusual interruptions OK under test if sufficient evidence of use remains (again blurs O&N/Continuous)

49. Olympic DQ4:14: Continuous Evidence Other Cases
Ray Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake”
Lutz: Garden of Great Depression?
Bell: Floating House & Shifting Outhouse?

50. Washington List of Elements v. Ours
Bell List of Elements (S108)
#2: “actual & uninterrupted” =
What we would call both “actual” and “continuous”

51. Continuous: More Hard Cases
Ray Test (P98): “Consistent w Acts of Possession that Ordinary Owners of Like Properties would Undertake”
This test also creates issues re
i) Emergency interruptions
ii) Unusually long vacations (if residence or business)
Presumably can follow Ray and ask re evidence of use that remains when APor is absent

52. Adverse Possession Continuous: Overview of Tacking
Focus: Time Used Without Interruption
(1) What constitutes sufficient interruption to stop clock?
(2) Tacking: When can you add the time of successive OOs or APors to get to SoL?
Add time of either line if privity (sufficient legal connection)
But don’t if consecutive unrelated trespassers