1. PROPERTY B SLIDES
4-1-19
April Fools Day

2. Tuesday Mar 28 Music to Accompany Ray: Barry Manilow: Summer of ‘78 (1996)
NCAA Contest
Four Left Standing:
Baker wins: If Virginia wins the Tournament
Baldecchi wins: If Texas Tech beats Virginia in Final
Doty wins: If Michigan State beats Virginia in Final
Gonzalez wins: If Auburn beats Virginia in Semi-Final
No DF Today

3. Monday Pop Culture Moment Xtreme Reality Television:
PROPERTY B: 4/1
Monday Pop Culture Moment
XRTV
Xtreme Reality Television:
a quick peek into the future
(What if We Combined Skills Contests with Survival Shows)

4. XRTV: Xtreme Reality Television
Survivor Chef Antarctica
Contestants prepare gourmet dishes with penguins, seals, and killer whales they have to catch themselves.
Featuring Padma Lakshmi & Shaun White

5. XRTV: Xtreme Reality Television
DANCE MOMS of the SERENGETI
Follow young tribal dancers’ early steps on the road to stardom with their doting mothers in tow for every rehearsal, performance and bow …

6. XRTV: Xtreme Reality Television
DANCE MOMS of the SERENGETI
Follow young tribal dancers’ early steps on the road to stardom with their doting mothers in tow for every rehearsal, performance and bow … all while dodging CROCODILES and HIPPOS at the water hole next to their studio.

7. XRTV: Xtreme Reality Television
The Voice in the Wilderness
Aspiring Singers Get Two Weeks of Survival Training Before Being Left in the Wilderness in Yellowstone National Park. …

8. XRTV: Xtreme Reality Television
The Voice in the Wilderness
Can They Sing Well Enough (and Loud Enough)
To Get a Judge’s Rescue Helicopter to Turn Around and Pick Them Up?
Bear Gryllis Kelly Clarkson

9. XRTV: Xtreme Reality Television
Top Model Under the Guns
From Syria to Somalia, from Kashmir to Kabul, Our Aspiring Models Bring Fashion to the World’s War Zones
Who Will Be Eliminated Tonight?
“Take Cover, Girl!!!”
Tyra Banks Anderson Cooper

10. Pop Culture Reality Update
Me on 3/3/14: Top Model Under the Guns
From Kashmir to Kabul, Our Aspiring Models Bring Fashion to the World’s War Zones
Miami Herald on 3/9/14: Miami Company Takes Golfers Into Danger Zones
You can play golf in Kabul on Afghanistan’s only course, protected by a professional security team --

11. You Can’t Make This Stuff Up
Miami Herald on 3/9/14: Miami Company Takes Golfers Into Danger Zones
You can play golf in Kabul on Afghanistan’s only course, protected by a professional security team
for only $40,000 to $80,000
for a five-day excursion.

12. MAKING UP TIME FOR FRIDAY
LOGISTICS
MAKING UP TIME FOR FRIDAY
Extend 3 Classes (7:55-9:55)
Fri April 5 (incl. course advising)
Fri April 19
Mon April 22
I’ll Drop Vezey
DF This Week
Rev. Prob. 4B
Wed 9:40
Fri 12:30

13. Previously in Property B
Adverse Possession
Justifications: Statute of Limitations & Beyond
Two Concerns that Transcend Individual Elements
Color of Title & Its Significance
Border Disputes (v. AP of Separate Lots)

14. Previously in Property B
Adverse Possession
Elements: Rules, Focus, Evidence, Purpose
Actual Use
Cultivation, Enclosure, Improvements
Ordinary Owner of Similar Property
Rev. Probs. 4A & 4B
Open & Notorious (Starting Today)
Exclusive
Continuous
Advers/Hostile

15. ELEMENTS OF ADVERSE POSSESSION
Primary Panel Responsibilities:
ACADIA
DQ cont’d (Today)
Rev. Prob. 4B (Wed.)
DF : Rev. Prob. 4A (Wed/Fri)
Our Sequence
Actual Use
Open & Notorious
Exclusive
Continuous
Adverse/Hostile

16. Adverse Possession Actual Use: Overview: Recap
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

17. Actual Use Element in the Cases DQ4.04: Lutz (NY 1952) Recap
Squatters’ Garden Thrives
During the Great Depression
Improvements, Enclosure, Cultivation
Improvements : Problems w state of mind (We’ll come back to)
Enclosure: Didn’t seem to argue

18. Actual Use Element in the Cases DQ4.04: Lutz (NY 1952) Recap
Squatters’ Garden Thrives During the Great Depression
Improvements, Enclosure, Cultivation
Cultivation: Lot of evidence of substantial garden
grew crops supplied several neighbors;
“nearly all” of lot + extended from one side to other
survey + testimony that same area cultivated earlier
“truck farm” “fruit trees” & substantial size

19. Actual Use Element in the Cases DQ4.04: Lutz (NY 1952) Recap
Squatters’ Garden Thrives During the Great Depression
Improvements, Enclosure, Cultivation
Cultivation:
Lot of evidence of substantial garden
Maj rejects; Need clear proof of area occupied; not clear enough here
“Clarity” important here:
(1) Concern b/c no Color of Title 
(2) Just get what you can prove you actually occupied

20. ACADIA: DQ cont’d
Acadia Sunrise

21. Actual Use: DQ4.04 (Acadia) Lutz: Garden of Great Depression
Looking at Case as a Whole
Meet Purposes of Actual Use Element?
Doing enough to give notice to reasonable OO?
Doing enough to create connection to land?
Type of use we want to reward?

22. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
Looking at Case as a Whole
Meet Purposes of Actual Use Element?
Has some cultivation, some improvements, some partial enclosure
Court chooses not to look at together
Another court might do differently

23. Actual Use: DQ4.04 (Acadia) Lutz: Garden of Great Depression
Looking at Case as a Whole
Meet Purposes of Actual Use Element?
Might look at CEI cumulatively
As I Noted Wednesday, Lutz in many casebooks b/c generally thought to be WRONG on cultivation.

24. Actual Use: DQ4.05 (Acadia) Ray: Creepy Summers in Empty Resort
Evidence of Actual Use?
i) Summer residence, but not emphasized by itself
ii) Lower Ct: Notice of claim given by constant & conspicuous use & bounded on all sides by path, rock garden, etc. (MAF: flimsy kind of enclosure)
iii) CtApp adds: Installation of utilities + Preservation of cottage (substantial structure)
How Does Court Deal with CEI Requirements?
Seems unconcerned w technical reqmts (cf. Lutz)
Focuses instead on:
Adequate to give notice (purpose)
Usual acts of ownership

25. Actual Use: DQ4.06 (Acadia) Bell: Floating House & Shifting Outhouse
Evidence of Actual Use?
(I’ll Go Through Some Available Tests)
Cultivation, Improvements, Enclosure (& Residence)?
Activity Like Owners of Similar Property?
Fit Purposes of AP/Actual?

26. Actual Use: DQ4.06 Bell: Floating House & Shifting Outhouse
Evidence of Actual Use?
Cultivation, Improvements, Enclosure (& Residence)
No Cultivation or Enclosure
Improvements: Sauna, Woodsheds, Moving Outhouse
Residence: Not Really; Lives on Houseboat
Activity Like Os of Similar Property? Tricky.
Fit Purposes of AP/Actual? Notice v. Labor/Connection

27. Actual Use: DQ4.06 Bell: Floating House & Shifting Outhouse
Washington S.Ct. Decides Case on “Exclusive”
Doesn’t Rule on “Actual Use”
BUT Could Easily Have Held Insufficient Evidence

28. Actual Use: DQ4.06 (Badlands) E. 13th St.: Coalition of Squatters
Possible Evidence of Actual Use
Imagination Exercise
Like Fact Research for Lawyering Q
How Prove “Living” in Apts in Q?
NOTE: Could do similar exercise for summer houses in Howard v. Kunto

29. Actual Use: DQ4.06 (Acadia) E. 13th St.: Coalition of Squatters
Possible Evidence of Actual Use
Dissent: Improvements & Attempts to Preserve the Buildings/Units
Qs on “Actual Use” Element?

30. ELEMENTS OF ADVERSE POSSESSION
Our Sequence
Actual Use
Open & Notorious
Exclusive
Continuous
Adverse/Hostile
Primary Panel Responsibilities
BADLANDS
DQ (Today  Wed)
Review Problem 4C (Mon 4/8)

31. Open & Notorious: Background Important Distinction
Actual Knowledge (Fact Q): Person in Q is Aware of Relevant Fact v.
Notice (Legal Q): Under the Circumstances, Person in Q Should Be Aware of Relevant Fact
“Ignorance of Law is No Excuse”: People Generally Considered to Have Sufficient Notice of What Law Is (Even if no Actual Knowledge)
You Are Supposed to Be Monitoring Your Own Property, so if Activity is Deemed “Open & Notorious”, You Are Treated as Having Notice of the AP Claim

32. Adverse Possession Open & Notorious: Overview
1. Focus: Visibility/Notoriety to OO Checking Property
Common Test: “Use Visible to one on Surface of Property”
Florida Version: “Sufficient to put a person of Ordinary Prudence on Notice”

33. Adverse Possession Open & Notorious: Overview
The Reasonable Man
Ordinary Prudence

34. Adverse Possession Open & Notorious: Overview
1. Focus: Visibility/Notoriety to OO Checking Property
Common Test: “Use Visible to one on Surface of Property”
Not Concerned with Visibility of APor but of Use
Not Concerned with Visibility by Neighbors
OK if behind wall/fence
37th Floor Apt: Visibility Inside Apt!!

35. Adverse Possession Open & Notorious: Overview
1. Focus: Visibility/Notoriety to OO Checking Property
Common Test: “Use Visible to one on Surface of Property”
Common Error: Concern re APor Sneaking or Hidden from Street
See P119: Use should not be “surreptitious.”
BUT even if APor acts “surreptitiously” (e.g., at night), still meet test if s/he leaves evidence of USE visible when APor absent (improvement; cultivation, etc.)

36. Adverse Possession Open & Notorious: Overview
1. Focus: Visibility/Notoriety to OO Checking Property
Common Test: “Use Visible to one on Surface of Property”
Many States also allow
Evidence of Reputation in Community as Owner –OR--
Availability of Info in Public Records
Traditionally: e.g., telephone directories
Interesting Q might arise w Facebook Page

37. BADLANDS: “Open &Notorious” DQ4.07-4.09
NORBECK PASS

38. DQ4.07 (Badlands) Open & Notorious & AP Purposes
How Does O&N Fit into AP Purposes?
Purposes of AP
Role of Particular Element
Repose
Punish Sleeping OO
Reward Beneficial Use/Labor
Protect Connection/ Investment

39. DQ4.07 (Badlands) Open & Notorious & AP Purposes
Fit into AP Purposes
Purposes of AP
Role of Particular Element
Repose
Punish Sleeping OO
Enough Notice to Show that OO Who Misses is Truly Asleep
Reward Beneficial Use/Labor
Protect Connection/ Investment

40. Adverse Possession Open & Notorious: Overview
Easy Qs/Hard Qs
Easy YES: Hard to Lose on O&N if “Actual Use”
Hard Qs:
Underground: Marengo Caves
Boundary Disputes & Small Overlap (e.g., 2 feet)

41. Open & Notorious: Hard Qs Badlands DQ4.08: Marengo Caves (P114-15)
Describe Facts
Why Was Use of Caves not “Open & Notorious”?

42. Open & Notorious: Hard Qs Badlands DQ4.08: Marengo Caves (P114-15)
Upshot of Result
Normal O&N:
Q of notice not actual knowledge
Comes from responsibility to monitor land
Marengo
Seems to require actual knowledge for underground AP.
Means normal responsibility to monitor surface doesn’t apply underground.
Pros & Cons of Result?

43. Open & Notorious: Hard Qs Badlands DQ4.08: Marengo Caves (P119-20)
Case Means Normal Responsibility to Monitor Surface Doesn’t Apply Underground
Facts Missing from Note in Textbook
APor had Given Tours of Caves for 46 Years (Well-Known; Big Signs)
OO had Taken Tour of Caves Himself (!!)
Somew Modern Commentators Suggest Result is Wrong
Hard to See What More APor Could Do
On Test, Can Treat as Non-Binding Authority

44. Adverse Possession Open & Notorious: Easy Qs/Hard Qs
Easy YES: Hard to Lose on O&N if “Actual Use”
Hard Qs:
Marengo Caves
Holds that for Undertground AP, Need Actual Knowledge to meet O&N
Treat as Non-Binding Precesedent
Boundary Disputes & Small Overlap (e.g., 2 feet)
Issues Similar to Underground re Notice v. Knowledge
See Review Problem on Mangroves
See Opinion/Dissent on Boundary Disputes; Can Do as Sample Q for Second Window)