1. PROPERTY D SLIDES 4-5-16 National Caramel Day

2. Tuesday April 5 Music (to Accompany Tim’s Party): 90’s Dance Party Hits NCAA CONTEST FINAL STANDINGS 1. ESTRELLA (73 Points) 9. Manzano (23) 2. D. Roberts (47)10. J. Roberts (22) 3. Florio (45) 11. DeGiovanni/Fajer/Moss (21) 4. Fernández/Shackleton (32)14. Chipi (19) 6. Clifton/Frizalone/Weisz (24)15. Nugent (18)

3. Review Problem 5K (S107) Stephanie Sued to Enjoin Further Use of Her Pipes She Concedes Split of Original Parcel and Prior Use of the Pipes Be Prepared to Discuss re Easement-by-Implication Intent to continue prior use Apparent, visible or reasonably discoverable Some degree of necessity Sequoia for P Stephanie *** Acadia for D Webers Olympic: Critique (Due Thursday @ 10)***

4. Review Problem 5K Easement-by-Implication Review Problem 5K Quick Summary of Facts Webers own lot with 4 guest cottages connected to one set of pipes running one mile west, then across edge of lot to connect to municipal water & sewer lines. S purchases western part of lot including westernmost guest cottage. After the purchase, pipes from other 3 cottages (and connecting to S’s cottage and municipal water/sewer) continue to run under S’s part of lot.

5. SEWAGE PIPE HYPOTHETICAL  REV. PROB. 6I GC GC GC WsS GC E-by-I Raised : Pipes in Use Before Ws Sell Western Part to S

6. Review Problem 5K Easement-by-Implication Review Problem 5K Asked to Prepare Arguments re 1.One parcel is split in two: YES 2.Prior Use (“Quasi-Easement”): YES 3.Intent to continue prior use? 4.*Apparent, visible or reasonably discoverable? 5.*Some degree of necessity? We’ll Do in Reverse Order

7. Review Problem 5K Easement-by-Implication Review Problem 5K Sufficient Necessity Extent of Necessity at Time of Split? Relevant Considerations? Sufficient to Meet Relevant Test? Arguments If “Reasonable Necessity”? Arguments If “Strict Necessity”? Why Might This Be Test?

8. Review Problem 5K Easement-by-Implication Review Problem 5K Apparent, Visible or Reasonably Discoverable (Notice) Actual Knowledge by S: Evidence/Arguments? Inquiry Notice to S: Evidence/Arguments?

9. Review Problem 5K Easement-by-Implication Review Problem 5K Intent (at Time of Split)to Continue Prior Use Facts that Might be Helpful to Your Side (other than necessity & notice)? Arguments for Your Side Looking at Case as a Whole?

10. Review Problem 5L (S104): Thursday 4/7 Opinion/Dissent Q: Assume Facts Sufficient for E-by-N & Knowing Waiver LOOK AT SOME OLD Q3s & ANSWERS ONLINE Everglades: Range of [Policy] Arguments for Allowing Knowing Waiver of Easement by Necessity Olympic: Range of [Policy] Arguments for Prohibiting Waivers of Easement by Necessity Acadia: Critique

11. OLYMPIC: Review Problem 5M EEL GLACIER

12. Review Problem 5M: Olympic Review Problem 5M: Olympic Implied Easements Generally Client Chris purchased warehouse from PPC & now using it. DDD owns adjoining lot; doing construction DDD discovers water/sewer pipes serving C warehouse run through DDD lot. No evidence of express easement. Two parcels once had single owner. All four types possible (We’ll just do E-by-I and E-by-P)

13. Review Problem 5M (Olympic) Review Problem 5M (Olympic) Easement-by-Implication 1.One parcel is split in two 2.Prior Use (“Quasi-Easement”) 3.Intent to continue prior use 4.*Apparent, visible or reasonably discoverable 5.*Some degree of necessity * Some jurisdictions treat 4 & 5 as separate elements; some treat as evidence of intent Areas for Legal Research? (On Test Best to Integrate w Factual)

14. Review Problem 5M (Olympic) Review Problem 5M (Olympic) Easement-by-Implication 1.One parcel is split in two 2.Prior Use (“Quasi-Easement”) 3.Intent to continue prior use 4.*Apparent, visible or reasonably discoverable 5.*Some degree of necessity * Some jurisdictions treat 4 & 5 as separate elements; some treat as evidence of intent Fact Research for Specific Elements?

15. Review Problem 5M (Olympic) Review Problem 5M (Olympic) Easement-by-Prescription 1.[Actual] Use of Pathway 2.Open & Notorious 3.Continuous 4.Exclusive (Some Jurisdictions) 5.Adverse/Hostile Legal Research/FactResearch by Element?

16. SEWAGE PIPE HYPOTHETICAL: 6 5 4 3 2 1 E-by-P Raised: Use of Pipes by More Distant Users for Adv. Poss. Period; Likely Qs re Open & Notorious, Exclusive

17. BADLANDS: REVIEW PROBLEM 6A NORBECK PASS

18. Review Problem 6A: Tim’s Party Tim = Tenant & College Student Holds Big Party at Apt.  Noise; Police Arrest 2 Friends No Prior Violations of Lease or Statute Assume Violation of Fl. Stat.: – 83.52. Tenant's obligation to maintain dwelling unit. The tenant at all times during the tenancy shall … (7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace. Can Linda (Landlord) Evict Tim for the Party?

19. Review Problem 6A: Tim’s Party 83.56. Termination of rental agreement … (2) If the tenant materially fails to comply with §83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may: (a) [Terminate immediately] If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation (b) [Give Seven Days to Cure & Terminate if Not Cured or Repeated w/in one Year] If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, …

20. Review Problem 6A: Tim’s Party 83.56. Termination of rental agreement … (2) (a) [Terminate immediately] … Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance. (b) [Give Seven Days to Cure & Terminate if Not Cured or Repeated w/in one Year] … Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

21. Review Problem 6A: Tim’s Party Example of Common Statutory Problem Statute Creates Two Categories; Into Which Category Does Tim’s Conduct Fit? Common Types of Argument : (I)Literal (I)Literal : Within language of either (a) or (b)? [Party really neither] (II)Comparison (II)Comparison : More like terms listed in (a) or in (b)? Characterization issue like description of scope of easement Policy (III) Policy: Should this behavior (without more ) be enuf for eviction Think about relevant interests of both Ldld & Tnt)

22. Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy Sequoia Critique Friday: Review Problem 6B: Same Statutory Q (Unauthorized Tenant) Acadia for Plaintiff/Landlord Liza Badlands for Defendant/Tenant Tracy Sequoia Critique Be Ready to Make All Three Types of Argument : (I)Literal (I)Literal : Within language of either (a) or (b)? (II)Comparison (II)Comparison : More like terms listed in (a) or in (b)? Characterization issue like description of scope of easement (III) Policy (III) Policy: Should this behavior (without more ) be enuf for eviction Think about relevant interests of both Ldld & Tnt

23. Review Problem 6A: Tim’s Party: Literal & Comparison Arguments 83.56. Termination of rental agreement … misuse* (2) (a) [Terminate immediately] … Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse* of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance. (b) [Give Seven Days to Cure & Terminate if Not Cured or Repeated w/in one Year] … Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.