UNIT III Divided Rights in the Same Piece of Land
UNIT III: Mi Casa es SU CASA: Divided Rights in the Same Piece of Land Chapter 6: Landlord-Tenant Law Chapter 7: Servitudes – Easements – Homeowners’ Association Rules Common Themes – One Person in Possession; Another with
UNIT III: Mi Casa es SU CASA: Divided Rights in the Same Piece of Land Common Themes – Division of Rights One Party in Possession of Land Second Party Has Interests That Limit Rights of Possessor – Landlord’s Interests Limit Tenants – Easement-Holders and Homeowners’ Association Interests Limit Landowners – Based in Contract Issues re Interpretation of Contract Provisions Issues re Legal Limits on Ability to Contract
Chapter 6: Leased But Not Last: Selected Issues in Landlord- Tenant Law (Formica & Selectric) Readings for Today = Background Primary Coverage – Florida Residential Landlord Tenant Act – Landlords’ Duties re Quality of Premises – Limits on Landlords’ Right to Select Tenants Skills Training: – Working with Detailed Statutory Language – Evidence of Discriminatory Motive
Chapter 6: Leased But Not Last: Selected Issues in Landlord- Tenant Law Important Distinctions – Property v. Contract View of Leases – Different Types of Leases/Parties Residential v. Commercial v. Agricultural Sophisticated v. Unsophisticated Parties (Bargaining Power) – Default Rules v. Non-Waivable Rights
Chapter 6: Leased But Not Last: Selected Issues in Landlord- Tenant Law Review Problems: Careful Work with Statutes – Mon 4/8: Review Problem 6A (Denali & Everglades): Under Florida Statutes, What Kinds of Tenant Acts Allow Immediate Eviction (v. One Free Bite)? Broken Down into Sub-Questions for You – Mon 4/15: Review Problem 6D (ALL): Big Messy Fact-Pattern Under Florida Statutes & Miami-Dade Housing Code EVERYBODY Responsible for parts of; broken out by alphabet Try to do carefully; plausibly testable on final exam
ZION: Review Problem 5A “ Actual Use” Element TEMPLES & TOWERS OF THE VIRGIN
ZION: Review Problem 5A “ Actual Use” Element AP Lives Next to Vacant Lot Initially: Stone walls on 3 sides; graffiti; garbage AP repaints walls; removes garbage; plants hedge across 4 th side of lot. For 10Y: AP washes off new graffiti, removes garbage; trims hedge.
ZION: Review Problem 5A “ Actual Use” Element Arguments/Missing Facts? 1.Cultivation, Improvements, Enclosure Last Time: Enclosure (Depends on Height, Thickness, Completeness of Hedge) 2.Uses Like Owner of Similar Property 3.Purposes of AP/Actual Use
Exam Question II: Short Problems (3/4) Important Skills to Practice 1.Focusing on One Narrow Topic at a Time 2.Imagining Relevant Facts Not Provided 3.Serious Arguments on Both Sides 4.Policy Arguments to Help Resolve
Exam Question II: Short Problems (3/4) Important Skills to Practice 1.Focusing on One Narrow Topic at a Time 2.Imagining Relevant Facts Not Provided 3.Serious Arguments on Both Sides – Most Common Failing – If You Don’t See 2 Sides, Skip It 4.Policy Arguments to Help Resolve
Good Exam Answers Often Are Schizophrenic Conversations Legal Smeagols
ACADIA: Review Problem 5B “ Continuous” Element ACADIA SUNRISE
ACADIA: Review Problem 5B “ Continuous” Element M resided in house with Color of Title for most of 10Y Statutory Period Absent 5 mos. undergoing rehab for physical injury While M Away: – Utilities & Mail Service Stopped – M’s Friend D watered plants every 2-3 weeks M asked D to Feed Cat at M’s House; Instead D Took Cat to Own Home
ACADIA: Review Problem 5B “ Continuous” Element Arguments/Missing Facts/Purposes 1.Should 5 Month Interruption for Rehab Break Continuity? 2.Assuming 5 Months of No Use Would be Too Much, Was There Enough Evidence of M’s Claim While She Was Gone to Be “Continuity” (cf. Ray) 3.Legal Significance of D Not Doing What He Was Asked?