PROPERTY A SLIDES 4 -4 -17 National School

PROPERTY A SLIDES 4 -4 -17 National School Librarian Day

Music to Accompany Florida Statutory AP Amdts Lady Gaga, Born This Way (2011) LOGISTICS: Chapter 3 Exam NCAA Contest Winner • I am Handing Out Forms with Your Total # Ezell (Complete List of Correct , Your Choices & Correct Answers for Scores on Course Page Qs You Missed. • IMPORTANT HONOR CODE WARNINGS: Later) • Do Not Open Until After Class & Away from Me • Do Not Tell Me How You Did Overall (Good or Bad)!! No DF Today: Make-Up Session Friday (4/7) in F 209 12: 30 -1: 30 • Test a Little Harder than Last Few • • • Mean = 17. 76; Median = 18; Almost All Between 14 and 22 Your Score = # Correct Divided by Two (Max is 12 Pts) Gets Added to Final Exam Score (Where Max is 60 Pts)

APPROACHING COURSE SELECTION

COURSE SELECTION: PREPARATION • Become Familiar with Registration Procedures Especially Wait List (Ask Qs!!) • Become Familiar with Graduation Requirements • Read Course Descriptions • Talk to People re Courses & Profs (including Me after class & in Office Hours)

COURSE SELECTION: 2 L FALL SEMESTER • Not Sophomore Year in College • No Need to Get All “Basic Courses” Out of the Way Early • No Need to Take Especially Heavy Load • Unlikely to Get Everything You Want • 3 Ls Will Fill or Nearly Fill Many Classes • Later 2 L Slots Have Even Fewer Options • Check in Advance & Prepare Alternatives

COURSE SELECTION: HOW TO CHOOSE 1. Becoming a Well-Rounded Lawyer 2. Resume Management 3. Taking Care of Yourself

Becoming a Well-Rounded Lawyer (My List) • Administrative Law: • Business Associations: • Evidence: • Federal Income Tax I: • Substantive Criminal Law: • Trusts & Estates: • U. S. Constitutional Law II: • At Least One Comparative/International Course (E. g. , International Law, Comparative Law, International Business Transactions) • At Least One Course Addressing a Complex Statute: (E. g. , Commercial Law, Bankruptcy, Environmental Law, Employment or Housing Discrimination; Disability Law)

Becoming a Well-Rounded Lawyer The Bar Exam: Becoming a Practicing Lawyer • Bar Review Courses Will Give You Version You Need for Bar • Mildly Helpful to Have Had the Material Before • Matters Less the Better You Are at Law School Exams

RESUME MANAGEMENT • Preparing for a Specialty Area • Not a College Major; A Few Courses Specialty • Check Lists On Registrar’s Page • Talk to Faculty in Area • Putting Yourself in the Best Light

RESUME MANAGEMENT • Preparing for a Specialty Area • Putting Yourself in the Best Light • Alternate Forms of Evaluation • Writing Papers • Lawyering Skills • Schedules That Facilitate Your Doing Well • During Semester • Four or More Exams in One Exam Period

TAKING CARE OF YOURSELF • Balance in Course Selection • # of Exams or Papers • Likely Size of Classes • One Subject You Really Want to Take • Comfortable Daily/Weekly Schedule • Choose Professors Rather Than Course Titles • You pay too much to be bored!!

FINAL POINT re Apparent Fork in the Road

FINAL POINT: Registration is NOT a Crucial Turning Point in Your Life • You are Picking One Set of Elective Classes • Three More Opportunities to Fill in Gaps • You’ve Done This Before • Employers Care Much Less Than You’d Imagine

FINAL POINT: Registration is Not a Crucial Turning Point in Your Life • You are Picking One Set of Elective Classes • Three More Opportunities to Fill in Gaps • You’ve Done This Before • Employers Care Much Less Than You’d Imagine • Not a Fork But a Spoon

APPROACHING COURSE SELECTION [NON-TECHNICAL] QUESTIONS?

APRIL IS HERE! BRIEF IS IN!! WHAT NOW? ?

TUE WED THU FRI OH 8: 15 -9: 45 Property 4/7 4/11: Passover: No OH Property 4/14 4/18: Property OH 8: 15 -9: 45 2 d Window Deadline (11 pm) for Feedback by Last Class Property 4/21 Property Make-Up 7: 55 -9: 20 4/25: Crim Pro Crunch Time No Property or OH Crim Pro Crunch Time 4/4 Property OH 3: 15 -4: 45 No Property or OH 3: 15 -4: 45 5/2 OH 9 -1, 2 -6 6 pm E-Mail Deadline 5/9 Crim Pro Crunch Time Property Exam (am) 4/28 Crim Pro Exam (pm) 5/5 5/11 Elective Exam (am) SAT SUN 2 d Sample Answer Window Opens MON 4/10 Property OH 9: 45 - 11: 15 Property 4/17 OH 9: 45 - 11: 15 2 d Window: Optional Sample Answers Due @ 2 pm OH 1 -5 4/24 Last Property Class OH 9: 45 -11: 45 OH 9 -1 5/1 Property Review Session Room TBA 2 pm 5/8 Con. Law Exam (am)

And Down the Stretch They Come …

BRIEF IS IN! WHAT NOW? ? Generally • Keep Preparing & Going to Class • End of semester material often tested disproportionately. • Profs often summarize, tie together themes, and give exam hints in last classes.

BRIEF IS IN! WHAT NOW? ? Generally • Keep Preparing & Going to Class • Old exam Qs under exam conditions • Practice the skills • Learn what your Profs look for

BRIEF IS IN! WHAT NOW? ? Generally • Keep Preparing & Going to Class • Old exam Qs under exam conditions • Think about exam technique • Exam skills workshops • Info from current Profs • Review last semester’s exams

BRIEF IS IN! WHAT NOW? ? Generally • Keep Preparing & Going to Class • Old exam Qs under exam conditions • Think about exam technique • It’s a Marathon, Not a Sprint • Plan Your Studying • Conserve Energy

BRIEF IS IN! WHAT NOW? ? Property • Integrate Work with Overall Study Plan q Submit Sample Q: Deadline = Sun 4/23 @ 2 pm q 2 d Exam, 5 th Day After Crim Pro Test

BRIEF IS IN! WHAT NOW? ? Property • Integrate Work with Overall Study Plan • Old Qs Under Exam Conditions – 15 min read/60 min write – Closed book except for syllabus

BRIEF IS IN! WHAT NOW? ? Property • Integrate Work with Overall Study Plan • Old Qs Under Exam Conditions • Read end-of-semester IMs & Old Comments/Models

BRIEF IS IN! WHAT NOW? ? Property • Integrate Work with Overall Study Plan • Old Qs Under Exam Conditions • Read IMs & Old Comments/Models • Utilize Review Session & Pre-Exam Office Hours

YOU CAN DO THIS !

COMPLETING ADVERSE POSSESSION 4/4 -4/6 • Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME) • Review Problem 4 E: Exclusive (Minimal OO Use) (EVERGLADES) • Set-Up for DQ 1. 21 (Policy Implications) (ME) • Adv. Poss. of Gov’t Property (Devins) • 2011 Florida Statutory Changes • Boundary Disputes (SEQUOIA/ME) • Review Problem 4 H: Continuous (Emergency Absence) (OLYMPIC) • DQ 1. 21 (Policy Implications) (ALL PANELS)

Lutz v. Ray: Why Might NY Ct. App. Be More Generous to Rays? Couplerof Ideas?

Lutz v. Ray: Why Might NY Ct. App. Be More Generous to Rays? Possibilities: • My Original List • • • Although Rays not claiming under color of title, D’s predecessors never paid her for cottage, so maybe some rights retained. Better proof of specific area claimed. Lutz Majority might not have liked changing litigation strategy. • Other Ideas from Prior Classes • Socio-Economic Differences (Summer Home Os v. Unemployed)

Adverse/Hostile & State of Mind Bell & DQ 4. 18 Bell Arguments that state of mind should be irrelevant: • AP depends on “character of [APor’s] possession, ” not of APor’s “secret thoughts. ” Can’t get AP by thoughts alone, so can’t think yourself out of it. • Doctrine protects both knowing & unknowing APors • Law Clearer w/o Intent = Presumably difficult to prove, especially on old claims

Adverse/Hostile & State of Mind Bell & DQ 4. 18 Other arguments that state of mind should be irrelevant: • Trespass doesn’t require particular state of mind: So. L is running regardless • Encourages lying by APor • Repose & Sleeping OO Concerns Not Connected to State of Mind

Adverse/Hostile & State of Mind Bell & DQ 4. 18 Reasons to Have State of Mind Requirement • Maybe inappropriate to reward knowing “theft” of land • Maybe inappropriate to reward mistake w no intent to claim • BUT any So. L means that people can get away w tort or breach of contract w no liability • What state of mind requirement best serves the purposes of AP (if no color of title)? (For You)

State of Mind Famous Scholarly Debate Noted in Textbook • Regardless of Doctrine/Language About State of Mind, Cases Tend to Favor Parties Acting in Good Faith • • Arguably consistent with Our Primary Cases E. g. , No Technical Color of Title in Ray or Vezey, BUT • Both claimants arguably acting in good faith under circumstances. • Both claimants treated generously by courts QS ON STATE OF MIND?

AP “Compounds”: Beyond Individual Elements 1. Lots of Old Review Problems/Examn Qs: a. 4 N in DF this Week 2. Legal Issues a. Exceptions/Limits b. Boundary Disputes 3. Policy Qs: How Should AP Law Operate? (DQ 1. 21)

COMPLETING ADVERSE POSSESSION 4/4 -4/6 • Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME) • Review Problem 4 E: Exclusive (Minimal OO Use) (EVERGLADES) • Set-Up for DQ 1. 21 (Policy Implications) (ME) • Adv. Poss. of Gov’t Property (Devins) • 2011 Florida Statutory Changes • Boundary Disputes (SEQUOIA/ME) • Review Problem 4 H: Continuous (Emergency Absence) (OLYMPIC) • DQ 1. 21 (Policy Implications) (ALL PANELS)

EVERGLADES: Rev. Prob. 4 E Last Names A-M (for OO = N) Last Names N-Z (for APor = D) • OO (Dolly) inherits lot w summer home & visits in 1990. • APor (Nicole) Purchases w Good Faith Color of Title in 1992 • Spends Every Summer on Lot 1992 -2007 • 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.

EVERGLADES: Rev. Prob. 4 E Last Names A-M (for OO = N) Last Names N-Z (for APor = D) Arguments/Missing Info? If jurisdiction accepts literal argument, OO wins. Assume it doesn’t. • 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.

EVERGLADES: Rev. Prob. 4 E Last Names A-M (for OO = N) Last Names N-Z (for APor = D) Arguments/Missing Info? If jurisdiction accepts literal argument, OO wins. Assume it doesn’t. • Should a court consider what OO has done sufficient to defeat exclusivity in light of the policies implicated by this element?

EVERGLADES: Rev. Prob. 4 E Last Names A-M (for OO = N) Last Names N-Z (for APor = D) Arguments/Missing Info? If jurisdiction accepts literal argument, OO wins. Assume it doesn’t. • Identify possible additional facts or legal rules (that are not inconsistent with what I’ve told you) that might affect the outcome.

COMPLETING ADVERSE POSSESSION 4/4 -4/6 • Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME) • Review Problem 4 E: Exclusive (Minimal OO Use) (EVERGLADES) • Set-Up for DQ 1. 21 (Policy Implications) (ME) • Adv. Poss. of Gov’t Property (Devins) • 2011 Florida Statutory Changes • Boundary Disputes (SEQUOIA/ME) • Review Problem 4 H: Continuous (Emergency Absence) (OLYMPIC) • DQ 1. 21 (Policy Implications) (ALL PANELS)

DQ 4. 21: Adverse Possession Policy: Legislative Debate • State Legislature considering overhaul of Adv. Possession doctrine. • You are legislative aides with each panel addressing specific Qs. • Today, I will introduce Qs & summarize Devins & New Florida Statutes • Thursday, we’ll get a few ideas from each panel. • Purpose: Give you an opportunity to pull chapter together if you were just doing your own panel’s work in last 10 days.

DQ 4. 21: Adverse Possession Policy: Legislative Debate • State Legislature considering overhaul of Adv. Possession doctrine. • You are legislative aides with each panel addressing specific Qs: • (a) (BADLANDS) What arguments about the appropriate scope of adverse possession are suggested by the facts of the cases we covered in this chapter (other than Devins)? [Note Exam Skill for Opinion/Dissent Qs] • (b) (ACADIA) Taking into account the N. J. Supreme Court’s analysis in Devins and the notes after the case, what are some of the strengths and weaknesses of the decision?

DQ 4. 21: Adverse Possession Policy: Legislative Debate • State Legislature considering overhaul of Adv. Possession doctrine. • You are legislative aides with each panel addressing specific Qs: • (c) (EVERGLADES) I will describe primary changes adopted by the Florida legislature in 2011. Why, after leaving the adverse possession statutes unchanged for decades, might the legislators have made these changes at that time? Also be prepared to identify some strengths & weaknesses of new rules.

DQ 4. 21: Adverse Possession Policy: Legislative Debate • State Legislature considering overhaul of Adv. Possession doctrine. • You are legislative aides with each panel addressing specific Qs: • (d) (OLYMPIC) What positions might environmental advocacy groups take on adverse possession generally? On Devins? On the new Florida statutes? • (e) (SEQUOIA) What positions might groups representing the interests of homeless people take on adverse possession generally? On Devins? On the new Florida statutes? • I will ask both panels about their general positions before we talk about Devins & Fl Statutes, then bring you back for those topics.

COMPLETING ADVERSE POSSESSION 4/4 -4/6 • Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME) • Review Problem 4 E: Exclusive (Minimal OO Use) (EVERGLADES) • Set-Up for DQ 1. 21 (Policy Implications) (ME) • Adv. Poss. of Gov’t Property (Devins) (& Other Exceptions) • 2011 Florida Statutory Changes • Boundary Disputes (SEQUOIA/ME) • Review Problem 4 H: Continuous (Emergency Absence) (OLYMPIC) • DQ 1. 21 (Policy Implications) (ALL PANELS)

Some Exceptions/Limits to AP Based in Difficulty of Enforcement 1. AP normally doesn’t run against future interest holder (e. g. , successful AP while legal owner has life estate just gets the life estate, not any remainder) 2. States have different provisions that toll the statute of limitations if listed “disability” exists at time AP begins. • • Helpful to have a general sense of the possible categories (e. g. , for Lawyering Q) Don’t need to know specifics of operation 3. AP historically doesn’t run against the gov’t • • “Time Doesn’t Run Against the King” Trend is changing this.

Devins (NJ 1991) (P 119) 1. Municipality becomes owner of parcel through tax foreclosure. • Apparently does nothing with property • No improvements; no use by or for public; no announced plans. 2. Plaintiffs live next door & have color of title re contested lot • Use in ways adjunct to their home for ~25 years (20 Year So. L) • Ps sue to quiet title; lower courts say can’t AP ag. Municipality 3. NJ SCt reverses; holds that can AP ag. Govt “if not dedicated to or used for a public purpose”

Devins (NJ 1991): Key Points 1. Purposes Behind Traditional Rule Protecting Gov’t • Gov’t “Too Busy” to Keep Track of All Land • State Holds Land in Trust for Public, who Shouldn’t Lose Land b/c Gov’t Personnel are Negligent • Shouldn’t Assume So. L Runs against State Unless Expressly Stated 2. Legal Trend to Limit Traditional Rule (# of State Laws Listed) 3. Reasons for Limiting Traditional Rule Here • • Rule is Not Statutory, but Based in Caselaw Prior Decisions Have All Involved Land Dedicated/Used for Public Purpose Usual AP Concerns: Repose; Certainty; Stale Evidence Incentives for Municipalities to Care for Land (Not Too Burdensome) & Make It Productive (Tax Rolls) QUESTIONS?

COMPLETING ADVERSE POSSESSION 4/4 -4/6 • Adverse/Hostile Element & State of Mind (Cont’d) (SEQUOIA/ME) • Review Problem 4 E: Exclusive (Minimal OO Use) (EVERGLADES) • Set-Up for DQ 1. 21 (Policy Implications) (ME) • Adv. Poss. of Gov’t Property (Devins) • 2011 Florida Statutory Changes • Boundary Disputes /Other Issues Outside the Elements (SEQUOIA/ME) • Review Problem 4 H: Continuous (Emergency Absence) (OLYMPIC) • DQ 1. 21 (Policy Implications) (ALL PANELS)

FL AP Amdts (2011) (S 117 -18): Key Points 1. Color of Title Provision (95. 16): Not Changed • Note re Ptachik point from last week re constructive possession of “known lot or single farm” 2. No Color of Title Provision (95. 18): • Adds to “deemed to be possessed” list: “Occupied and maintained” (not part of Color of Title provision) • Adds special form with detailed identification info to use to notify county that you are starting to pay taxes • Adds requirements that county official • • notify owner of record by sending a copy of form Put a notation of AP claim on the tax rolls (official trecords re property taxes) QUESTIONS?