MUSIC: Joan Baez,

Play Me Backwards

(1992)

Nightmare on 68th StreetBASIC ELEMENTS MET EASILY

• ACTUAL: Improvement plus use• O&N: Same (if actual knowledge not required)• CONTINUOUS: 1938 7+ Years• EXCLUSIVE: No evidence of others using• ADVERSE: No evidence of permission

Nightmare on 68th Street

DQ45: Middle S41: Mr. Smith: “We paid the taxes all those years on that lot.” … “[T]hey

could claim no payment of taxes.”

Legal significance?

Nightmare on 68th StreetDQ45: Middle S41: Mr. Smith: “We paid the taxes all

those years on that lot.” … “[T]hey could claim no payment of taxes.”

• Florida requires payment of taxes if no color of title.

• Note that payment of taxes by the original owner is almost always true in AP cases and is not a defense. Legal issue here is whether Pullens/ Davises paid, not whether Smiths did.

Nightmare on 68th Street

DQ45: Middle S41: Mr. Smith: “We paid the taxes all those years on that lot.” … “[T]hey could claim

no payment of taxes.” • Fl. requires payment of taxes if no color of title.

• Color of Title here?– Valid deed to lot plus– Incorrect survey indicating ownership of disputed strip

• Sufficient? (policy Q)

Nightmare on 68th Street

State of Mind• Some Florida caselaw appears to require bad

faith in boundary disputes• Should good faith reliance on faulty survey

be OK? (policy Q; no cases on point)

Nightmare on 68th StreetImplicit Boundary Dispute Policy Qs

• IF Deed plus incorrect survey = color of title: APor wins –OR—

• IF Good faith payment of taxes assessed meets statutory reqmt: APor wins

• IF NOT There will almost never be successful boundary dispute AP

Similar policy considerations to O&N and state of mind for boundary disputes.

Note 7C: Exceptions (S32)

Details not important. Need to know:1.AP normally doesn’t run against the gov’t2.States have different disability provisions that

toll the statute of limitations– Helpful to have a general sense of the possible

categories– Don’t need to know specifics of operation

DQ47: Adverse Possession Policy:Five Grain Legislative Debate

DQ47: Adverse Possession Policy:Five Grain Legislative Debate

• Florida Legislature considering eliminating or modifying adverse possession doctrine.

• Proposals include– Complete elimination– Color of Title Only– Adverse Possessor must pay market value

• Position likely taken by environmental advocacy group?

DQ47: Adverse Possession Policy:Five Grain Legislative Debate

• Florida Legislature considering eliminating or modifying adverse possession doctrine.

• Proposals include– Complete elimination– Color of Title Only– Adverse Possessor must pay market value

• Position likely taken by advocacy group for the homeless?

DQ47: Adverse Possession Policy:Five Grain Legislative Debate

• Florida Legislature considering eliminating or modifying adverse possession doctrine.

• Proposals include– Complete elimination– Color of Title Only– Adverse Possessor must pay market value

• Arguments suggested by facts of cases we read?

DQ47: Adverse Possession Policy:Five Grain Legislative Debate

• Florida Legislature considering eliminating or modifying adverse possession doctrine.

• Proposals include– Complete elimination– Color of Title Only– Adverse Possessor must pay market value

• Other Proposals/Arguments?

MON & TUES: REVIEW PROBLEM 2A: CONTINUOUS: OATS

1. Is five months too great an interruption in ten year statute

2. If it would be, is there enough evidence of M’s presence at house to meet the element anyway (cf. Ray)?

3. Legal significance of friend not doing what he was instructed to do?

Mon & Tues: Review Problem 2BOpen & Notorious (Rice)

1. Assume trees constitute sufficient actual use. (Exam Technique Issue).

2. Be prepared to discuss possible significance of each fact in problem.

3. Be prepared to discuss whether, as a policy matter, we should treat this kind of encroachment as open & notorious.

WRITTEN ASSIGNMENT II

• Tasks & Purposes (Default Answer to all Qs)– Factual Summary• Info to Partner (& others) unfamiliar with file• Example of common role as summarizer (closed

memos)

– Issues List• Allows boss to review work• Use as outline during interview

• In-Class Exercise (10/1)– Witness Interviews (Need Volunteers)– Lecture on Facts & Evidence

Chapter 3: The Reese’s Peanut Butter Cup Problem

VINTAGE 80'S REESES PEANUT BUTTER CUPS COMMERCIAL W WALKERS.flv

Readings for Mon/Tues

• Posted Tomorrow a.m.• Include Maguire v. Yanke (P59-63)– Ranchers v. Farmers re Straying Cattle– Addressed as Trespass/Right to Exclude Problem– Think About Whether Better Characterized as

Nuisance

• Coase Theorem (in notes after Maguire)