1. 3-24-17 National Chocolate-Covered Raisin Day
PROPERTY A SLIDES
National Chocolate-Covered
Raisin Day

2. Friday Mar 24: Music to Accompany Lutz: Billie Holiday Sings (1952)
Pre-Test Office Hours
Fri 3/24: 12:30-3:30 (My Office)
Sat 3/25: 1:00-5:00 (Classroom G263)
Sun 3/26: 12:00-3:15, 3:45-7:00 (Classroom G263)
I’ll Respond to Reasonable E- Mail Qs Sent by 7 p.m. Sunday
NCAA CONTEST LEADERS
15 Points: Zuckerman
13 Points: Nashban; Roman
5 Points: Ortega; Pouser; Simon; Stone-C; Vincent
NCAA CONTEST TRAILERS
1 Point: Dilts; Fajer; Gluck; McCollum; Sparhawk
0 Points: Maryanoff

3. CHAPTER 3: The Shadow of the Past Source Of Chapter Title?

4. CHAPTER 3: The Shadow of the Past
The Rule Against Perpetuities:
One Rule to Ring Them All, One Rule to Find Them,
One Rule to Bring Them All and in the Darkness Bind Them.

5. CHAPTER 3: The Shadow of the Past
The Rule Against Perpetuities:
Purposes
Paradigm grant: In a will, Tom leaves his estate to “my friend Jerry and his heirs, but when the first of my grandchildren turns 21, to that grandchild.”
Problems
Conditional Grants Referring to People Identified by Status Rather than Name
Conditional Business Grants with no People in Them (Options; Security Interests)

6. ALL: DQ3.12/3.15: How Much Control Should e Grantors Have?
Why should we allow grantors to have any control at all of what happens to land after they have died?
Might say can choose who gets, but only can give fee simple absolute.
Maybe allow life estates & vested remainders but no conditions on use.
Might limit conditions even more than now. E.g.,
Can’t have conditions that limit or mandate religious behavior of an individual grantee.
Can’t have conditions on marrying or not marrying.

7. CHAPTER 4: ADVERSE POSSESSION INTRODUCTION Cont’d

8. Adverse Possession: Color of Title
Writing (Incorrectly) Purporting to Give Title
Often Defective Will or Deed
Need to Have Good Faith Belief in Document
Significance:
Makes it Easier for APors to Prove Case
Examples in Readings of Rules Doing This

9. Adverse Possession: Color of Title Sequoia DQ 4.02
Writing (Incorrectly) Purporting to Give Title
Significance: Makes it Easier for APors to Prove Case
DQ4.02: Why do states have stricter requirements for AP w/o Color of Title?

10. Adverse Possession: Color of Title Sequoia DQ 4.02
Writing (Incorrectly) Purporting to Give Title
Significance: Makes it Easier for APors to Prove Case
DQ4.02: Why do states have stricter requirements for AP w/o Color of Title?
Reward good faith; reward better title

11. Adverse Possession: Boundary Disputes v. AP of Complete Parcel
AP regarding overlapping borders, not whole lots.
Most Common Type of AP Case
Shows Up in Some of My Old Problems
Significance:
Changes Requirements/Elements in Some States
We’ll Go Through Some Specifics as We Cover Indiv. Elements

12. Adverse Possession: Boundary Disputes SequoiaDQ 4.03
AP regarding overlapping borders, not whole lots
Significance: Changes Requirements/Elements in Some States
DQ4.03: Why Treat Boundary Disputes Differently?

13. Adverse Possession: Boundary Disputes SequoiaDQ 4.03
AP regarding overlapping borders, not whole lots
Significance: Changes Requirements/Elements in Some States
DQ4.03: Why Treat Boundary Disputes Differently?
1. Tension re diligent owners v. friendly relations w neighbors. (Cross-Reference Easements by Estoppel in Chapter 5)
2. Maybe different expectations re OO’s diligence (Al-Qaeda & 5-foot strip)
3. Less concern about underutilization of land

14. ELEMENTS OF ADVERSE POSSESSION
Primary Panel Responsibilities:
BADLANDS
DQ (Today)
Rev. Prob. 4A (Tuesday 3/28)
Rev. Prob. 4B in DF Next Week
Our Sequence
Actual Use
Open & Notorious
Exclusive
Continuous
Adverse/Hostile

15. Adverse Possession Actual Use: Overview
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
a. In real case, check specifics in your state
b. On exam: Note & Deal w Possibilities
i) Lawyering Q
ii) Issue-Spotter or Short Problem

16. Adverse Possession Actual Use: Overview
1. Focus: What has APor Done on Land
2. Many State-specific legal tests/examples in materials
Common: Version of “Use Like Ordinary Owner of Similar Property.” E.g.,
Ray (similar test for both Actual & Continuous)
Lutz Dissent (quoting Ramapo)
Common: Cultivation, Enclosure, Improvements (CEI)
NY & Florida Statutes

17. Adverse Possession Actual Use: Overview
Cultivation, Enclosure, Improvements (CEI)
Rough Definitions (can check local law)
Cultivation = Growing things; some sense of crops for food or sale
Enclosure = Surrounding land in Q w fences/walls
Improvements (Technical Legal Term)
= Substantial Building or Repairs
Not Just “Making Property Better”

18. Adverse Possession Actual Use: Overview
Cultivation, Enclosure, Improvements (CEI)
Part of DQ4.05: When statute says CEI, can you have AP if residing or operating biz from pre-existing bldg.?
Probably. No FL case re old statute holds otherwise; cases fall back on “ordinary use” if no CEI
In practice, CEI = steps sufficient to show “possessing” land when not actually in residence or running business

19. Adverse Possession Actual Use: Overview
Cultivation, Enclosure, Improvements (CEI)
CEI = steps sufficient to show “possessing” land when not actually in residence or running business
Likely Source: Where land undeveloped, what are beneficial uses that give notice to OO?
Build
Grow crops
Graze animals + Enclosure (Grazing alone may not be sufficient claim of ownership)

20. Adverse Possession Actual Use: Overview
Fit into AP Purposes
Purposes of AP
Role of Particular Element
Repose
Triggers SoL
Punish Sleeping OO
Enough Activity to Give Notice to Reasonable OO?
Reward Beneficial Use/Labor
Type We Want to Reward?
Protect Connection/ Investment
Sufficient to Merit Protection?

21. Adverse Possession-Actual Use: Overview
Easy Qs/Hard Qs
Relatively Easy YES
Use same as surrounding lots
CEI covering entire claimed area
Residing or Operating Business using Most of Parcel
Relatively Easy NO:
Use significantly less than surrounding lots
Marginal CEI

22. Adverse Possession Actual Use: Overview
Easy Qs/Hard Qs
Hard Qs
Not a lot of use but more than surrounding lots (Ray, Bell, Vezey)
Some non-trivial CEI but incomplete/imperfect (Lutz)
Rev Prob 4A (Mon) addresses some hard Qs
Qs on Overview of “Actual Use”?

23. BADLANDS: “Actual” DQ4.04-4.06 & Rev. Prob. 4A
NORBECK PASS

24. Review Problem 4A: “Actual Use” Element BADLANDS Tuesday March 28
Arguments/Missing Facts?
Cultivation, Improvements, Enclosure
Enclosure Separately
All Three Together
Activity Like Owner of Similar Property?
Activity Meet Purposes of AP/Actual Use?
Only Doing This One Element; Assume Others Met!!

25. Actual Use Element in the Cases DQ4.04: Lutz (NY 1952)
Squatters’ Garden Thrives
During the Great Depression
Billie Holiday Sings

26. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
Why no focus on Charley Residing?
Maybe b/c area very small
Maybe b/c anticipated problem with [no] claim of title (we’ll come back to with both improvements in a couple of slides & with state of mind on Thursday)
Even dissent seems to focus more on cultivation
So we’ll look mainly at CEI

27. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
If Need CEI: Enclosure?
Some boundary line around garden; long row of logs & brush
Not Discussed by Majority
Maybe too low; maybe not complete enough
Maybe not claimed by Attys

28. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
If Need CEI:
Cultivation: “usually cultivated”
Evidence Here?
Why Rejected by Majority?
Why Did Dissent Disagree?

29. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
ASIDE: Why should appellate courts defer to the factual findings of a trial court if the appellate judges believe the findings are incorrect?
We Discussed in Context of Sorenson.

30. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
If Need CEI:
Improvements (Substantial Building/Repairs)
Some Small Stuff Insufficient
Portable chicken coop
Cutting of brush and trees
Placing various rubbish on premises.

31. Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression
If Need CEI:
Improvements (Substantial Building/Repairs)
Some Small Stuff Insufficient
Built Shack: What’s Wrong with?
Garage Partly Over Boundary Line: What’s Wrong With?