PROPERTY D SLIDES NATIONAL PISTACHIO DAY

The B-52s, COSMiC ThiNG (1989) featuring “Love Shack” Friday February 26 Music to Accompany Bell The B-52s, COSMiC ThiNG (1989) featuring “Love Shack”

PROPERTY D: 2/26

GOVERNOR SWAP Have you ever wondered whether the grass is greener in a different state? Two governors, one from a red state and one from a blue state, discover that it often isn't when they hand over the keys to their offices and literally switch administrations for two weeks.

SERENGETI 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 …

SERENGETI 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.

BUSH DYNASTY The Story of the Family that (Sometimes) Runs the USA This Week: Can Jeb Cope With Not Getting the Cool Job in Washington When His Kid Brother Got It?

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

Top Model Under the Guns From Damascus to Kabul to Kiev, Our Aspiring Models Bring Fashion to the World’s War Zones Who Will Be Eliminated Tonight? “Take Cover, Girl!!!” Tyra BanksAnderson Cooper

Pop Culture Update Me on 3/3/14: Top Model Under the Guns From Damascus to Kabul to Kiev, 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 --

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.

Rev. Prob. 3D BADLANDS (In-Class for Plaintiff N) OLYMPIC (In-Class for Defendant D) ACADIA (Critique Due Noon) OO (Dolly) inherits lot w summer home & visits in APor (Nicole) Purchases w Good Faith Color of Title in 1992 Spends Every Summer on Lot OO visits in October 1999; plants flower bulbs in 15’ x 2’ strip. Never goes in house; doesn’t return again until 2007 Flowers come up every spring.

Rev. Prob. 3D BADLANDS (In-Class for Plaintiff N) OLYMPIC (In-Class for Defendant D) ACADIA (Critique Due Noon) Arguments/Missing Info? If jurisdiction accepts literal argument, OO wins. Assume it doesn’t 1.Which facts in the problem (other than the passing of time) are helpful for each side? Be prepared to respond to other side’s claims. 2.Discuss whether a court should consider what OO has done enough in light of the policies implicated by this element. 3.Identify possible additional facts or legal rules (that are not inconsistent with what I’ve told you) that might affect the outcome.

ELEMENTS OF ADVERSE POSSESSION Our Sequence 1. Actual Use 2. Open & Notorious 3. Exclusive (cont’d) 4. Continuous 5. Adverse/Hostile Panel Responsibilities General: OLYMPIC

Adverse Possession Exclusive: Overview Focus: Use by Others Beside APor. Two Issues (We’ll Do Separately) 1.More Common Issue: Also use by OO (Yesterday) 2.Less Common Issue: Also use by other third parties (non- owners) (Today)

Exclusive (Use by Other 3d Parties) Overview Need to behave like O vis-à-vis public If you look no diff from public, no good FL: use of land by public in way that suggests public right defeats exclusivity of individual APor BUT Penn. case (S51): some limited trespasses by public OK if APor behaving like O Small group working together can jointly AP land BUT if large enough group, looks liked public again, so no good. Sanchez (cited at P116).

Exclusive (Use by Other 3d Parties): DQ3.12: 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?

Exclusive (Use by Other 3d Parties): Biscayne: DQ3.12: Bell Bell quoting Wood (S46) “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 Fence not only way to establish dominion vis-à-vis strangers!!! Fence not only way to establish dominion vis-à-vis strangers!!! Can physically chase away Can grant permission/accept money for use

Exclusive (Use by Other 3d Parties) Overview Fit into AP Purposes Purposes of APRole 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?

ELEMENTS OF ADVERSE POSSESSION Our Sequence 1. Actual Use 2. Open & Notorious 3. Exclusive 4. Continuous 5. Adverse/Hostile Panel Responsibilities Primary: Sequoia Rev. Prob. 3F (Mon) Sequoia (Plaintiff M) Acadia (Defendant OO) Olympic (Critique)

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

Continuous: Overview Fit into AP Purposes Purposes of APRole of Particular Element ReposeEnough Time to Merit Repose Punish Sleeping OOSufficiently 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

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 & Rev Prob 3G Irregular interruptions: emergencies etc. See Rev Prob 3F

SEQUOIA: “Continuous” in the Cases DQ SEQUOIAS

Sequoia DQ3.17: 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?

Sequoia DQ3.17: 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

Sequoia DQ3.17: 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?

Sequoia DQ3.17: 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

Continuous: Seasonal Use Seasonal Use Fit into AP/Continuous Purposes? Purposes of APRole of Particular Element ReposeEnough Time to Merit Repose Punish Sleeping OOSufficiently Constant Notice; OO who Misses Must Be “Asleep” Reward Beneficial Use/LaborLabor More Likely Beneficial if Activity Continuous, Not Sporadic Protect Connection/ InvestmentConnections More Likely Strong if Activity Continuous, Not Sporadic

Sequoia DQ3.17: 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. 3-4 month season 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)

Sequoia DQ3.16: 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?

Washington List of Elements v. Ours Bell List of Elements (S46) #2: “actual & uninterrupted” = What we would call both “actual” and “continuous”

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

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 Os or APors to get to SoL? Add time of both if privity But don’t if consecutive unrelated trespassers

Review Problem 3F: “Continuous” Element Review Problem 3F: “Continuous” Element (Monday) Sequoia (In-Class for Plaintiff M) Acadia (In-Class for Defendant OO) Olympic (Critique) Arguments/Missing Facts 1.Should the Five-Month Interruption for Medical Emergency in Problem Break Continuity? (Why or Why Not?) 2.Assuming Five Months with no Evidence of Possession Would Be Too Long, Was There Enough Evidence of Possession During the Five Months M Was Away to Retain Continuity? (Ray Analysis) 3.What is the Legal Significance of D not doing what M asked? (i.e., should M get credit for what she asked D to do or only for what he actually did?)