PROPERTY D SLIDES 4-8-14. Tuesday April 8 Music (to Accompany Williams Island): Pat Benatar: Best...

PROPERTY D SLIDES4-8-14

Tuesday April 8 Music (to Accompany Tuesday April 8 Music (to Accompany Williams Williams IslandIsland):):

Pat Benatar: Pat Benatar: Best Shots (1989)Best Shots (1989)featuringfeaturing “Hit Me with Your Best Shot” “Hit Me with Your Best Shot”

Review Problem 6B (S145): Shenandoah•For Plaintiff (Mike/Dom.): McCarten, Rostock, Sattler, Shawn

• Alts: Oña, Perez

•For Defendant (Debbie/Serv.): Block, Nelson, Raijman, Schindler• Alts: Lehtinen, Alvarez

•Biscayne Critique due Thu. 4/10 @ 10:00 am

Today We’ll Meet Until ~9:45

I’ll Talk About Course Selection Process

Review Problem 6B: ShenandoahMike/Dom. = P Mike/Dom. = P Debbie/Serv. =DDebbie/Serv. =D

“[Owner of M’s land] may place and maintain an antenna onto

[Debbie’s] barn and run wires from the antenna to [M’s land] to allow [TV] reception for that property.” •Time of Grant (1962):• Mike gets poor TV reception b/c of valley location• Debbie owns neighboring ranch above M’s land• Antenna installed; reception still not good; no cable TV

•2014: Can M replace antenna w satellite dish?


For P: McCarten, Rostock, Sattler, Shawn (Alts: Oña, Perez)

For D: Block, Nelson, Raijman, Schindler (Alts: Lehtinen, Alvarez)

•1962: “[Owner of M’s land] may place and maintain an antenna onto [Debbie’s] barn and run wires from the antenna to [M’s land] to allow [TV] reception for that property.”


Arguments from Marcus Cable?


For P: McCarten, Rostock, Sattler, Shawn (Alts: Oña, Perez)

For D: Block, Nelson, Raijman, Schindler (Alts: Lehtinen, Alvarez)

•1962: “[Owner of M’s land] may place and maintain an antenna onto [Debbie’s] barn and run wires from the antenna to [M’s land] to allow [TV] reception for that property.”


Arguments from Chevy Chase? (incl. Missing/Ambiguous Facts)

NCAA Contest Final ResultsTOP 7

HALMOUKOS 118

MUNROE 110

GAID 102

KRATZER 84

WARREN 67

LOPEZ 58

MCCARTEN 48

BOTTOM 7

GEORGE 13

HOFFMAN 13ROSTOCK 13

CESPEDES 11HUNTER 9

FALK 7KIRKLAND 2

Chapter 6: Easements1. Overview & Terminology2. Interpreting Language

a. Easement v. Feeb. Scope of Express Easements

3. Implied Easementsa. By Estoppel, cont’db. By Implication and/or Necessityc. By Prescription

Easement-by-EstoppelGeneral RuleGeneral Rule

• An owner may be estopped from barring a 2d party access to the owner’s property where 1. The owner apparently allows 2d party to use the

property (Apparent License)2. 2d party reasonably and detrimentally relies on this

acquiescence

• Effect in States that Allow Easements-by-Estoppel is that License Becomes Unrevokable

• Usually little debate about Apparent License, so existence of E-by-E usually turns on reliance.

Easement-by-EstoppelReasonable & Detrimental Reliance

Nelson v. AT&T (Note 3 P851)• Easement contained in deed invalid b/c lack of legal

formalities. D placed 32 poles & maintained for 30 years. Compare to Stoner re Reliance.– AT&T: Clearer that easement rather than license intended b/c

explicit, in writing, & problems w deed arose after O signed– BUT AT&T sophisticated party; should’ve known that deed

was invalid & fixed

Easement-by-EstoppelReasonable & Detrimental Reliance

Nelson v. AT&T (Note 3 P851)• Easement contained in deed invalid b/c lack of legal

formalities. D placed 32 poles & maintained for 30 years.

• Mass SCt: No easement; AT&T should have known easement not properly created meaning they had a “mere license.” Essentially holds reliance was not reasonable by a sophisticated player.

Easement-by-EstoppelDuration/TerminationDuration/Termination

N.4 (P851-52): How Long Does an E-by-E Last?

Stoner: “For so long a time as the nature of it calls for.” Means?


N.4 (P851-52): How Long Does an E-by-E Last? Stoner: For so long a time as the nature of it calls for.

•Easy Case: –House Built in Reliance on Access Through Neighbor’s

Driveway E-by-E–New Public Road Built Adjoining Dominant Tenement

Creates Alternate Access–Use of House No Longer Relies on Driveway; E-by-E

Ends



•What does this mean for an irrigation ditch?



•What does this mean for an irrigation ditch?– So long as irrigation remains useful to Dominant Tenement?– So long as no cheap alternatives?



What does this mean for hypo in Note 4: •House built in reliance on E-by-E burns down. •Can owner rebuild?


N.4 (P851-52): How Long Does an E-by-E Last? •House built in reliance on E-by-E burns down. Can owner rebuild? •See quote from Rerick in Stoner (middle P849):

“The right to rebuild [a mill] in the case of destruction or

dilapidation and to continue the business on its original footing may

have been in fact as necessary to his safety, and may have been an

inducement of the particular investment in the first instance.”


N.4 (P851-52): How Long Does an E-by-E Last? •House built in reliance on E-by-E burns down. Can owner rebuild? •See quote from Rerick in Stoner (middle P849): – Could read to allow absolute right to rebuild– BUT may turn on evidence of nature of reliance• Connection between safety and dilapidation• Return on investment w/o rebuilding? (insurance $)

SEWAGE PIPE HYPOTHETICAL: 6 5 4 3 2 1

Danielle buys Lot #2 from Owner of Lot #1 (No House on #2 but Sewage Pipe in Place)

Easement-by-EstoppelSewage Pipe Hypothetical

• Danielle buys Lot #2 from Owner of Lot #1 – No House on #2 but Sewage Pipe in Place– D makes clear she intends to build house on Lot #2

• Owner of Lot #1 doesn’t object to use of sewer line until after house on #2 is complete & connected. Assume no other easy way to connect to sewer.

• Is D’s Reliance on O’s Silence While House is Constructed Reasonable?• If so, will yield E-by-E in states that allow

ARCHES: DQ6.07

DELICATE ARCHES

Easement-by-Estoppel (Arches)

Policy Considerations (DQ6.07)Policy Considerations (DQ6.07)

Should We Allow E-by-E?: Relevant Concerns?

Easement-by-Estoppel (Arches)

Policy Considerations (DQ6.07)Policy Considerations (DQ6.07)Should We Allow E-by-E?: Relevant Concerns

• Doctrine undermines Statute of Frauds • People making significant investments should make sure of legal rights before relying on mere license. •BUT: Neighbors don’t typically create signed writings for all agreements – People can take offense (My word isn’t good enough?)– Cf. Border disputes in adverse possession).

Easement-by-EstoppelPolicy Considerations (DQ6.07)Policy Considerations (DQ6.07)

Should We Allow E-by-E?: Possible ResultsShould We Allow E-by-E?: Possible Results(1) Whenever there’s reasonable and detrimental reliance. (Many States) –OR–

(2) Only after compensation paid (A Few Cases) –OR–

(3) Never (Many States)

Qs on Easements by Estoppel?

Chapter 6: Easements1. Overview & Terminology2. Interpreting Language

a. Easement v. Feeb. Scope of Express Easements

3. Implied Easementsa. By Estoppelb. By Implication and/or Necessityc. By Prescription

Easement-by-Implication & Easement-by-Necessity: OverviewOverview

• Both Arise from Split of Larger Parcel •Different Requirements • Sometimes Same Facts Can Give Rise to Both.


• Both Arise from Split of Larger Parcel; Different Requirements but Sometimes Same Facts Can Give Rise to Both

• E-by-I: Parties Intend that Prior Existing Use Should Continue• Look for ObjectiveObjective Evidence of Intent; Not

Secret Subjective Belief• Default Rule: Default Rule: Clear statement that not

intended precludes E-by-I .


• Both Arise from Split of Larger Parcel; Different Requirements But Sometimes Same Facts Can Give Rise to Both

• E-by-I: Parties Intend that Prior Existing Use Should Continue• Look for ObjectiveObjective Evidence of Intent; Not Secret Subjective Belief• Default Rule: Default Rule: Clear statement that not intended precludes E-by-I .

• E-by-N: Split Creates Landlocked Parcel Needing Access • Dispute as to Whether Based in Public Policy or (Very

Generous Notion of) Intent• Resolution of this dispute determines whether E-by-N

is default rule or universal policy (See Rev Prob 6I).

Easement-by-Implication Elements: States Vary on FormulationElements: States Vary on Formulation

1. One parcel is split in two2. Prior Use (“Quasi-Easement”)3. Intent to continue prior use 4. *Apparent, visible or reasonably discoverable5. *Some degree of necessity

* Some jurisdictions treat 4 & 5 as separate elements; some treat as evidence of intent

Easement-by-Implication Review Problem 6H (Yellowstone)Review Problem 6H (Yellowstone)

For Thursday, Prepare Arguments for Each Party re1.One parcel is split in two2.Prior Use (“Quasi-Easement”)

3.Intent to continue prior use 4.*Apparent, visible or reasonably discoverable5.*Some degree of necessity

Easement-by-Necessity ElementsElements

1. One parcel is split in two2. Landlock: One resulting parcel is cut off from key

access (e.g. to roads or sewer system) by other parcel (alone or in combination with parcels owned by 3d parties).

3. At time parcels split, access necessary to enjoyment of landlocked parcel

Easement-by-Implication & Easement-by-Necessity:

Recurring Concerns/ComparisonsRecurring Concerns/Comparisons

• Implied-by-Grant v. Implied-by-Reservation• Degree of Necessity• Notice (of Existence of Eassement)• Termination


Implied-by-Grant v. Implied-by-Reservation

Parcel split into Eastacre and Westacre. Prior Use = Driveway from House on Eastacre across Westacre to main road.

• Original owner sells East, retains West = by Grant (Claim in Dupont)

• Original owner sells West, retains East = by Reservation (Claim in Williams Island)

• Original Owner Simultaneously Sells Both to Different People = by Grant


Implied-by-Grant v. Implied-by-Reservation

• Some states treat some elements of E-by-I or E-by-N more favorably if “by grant” than “by reservation”• Implied-by-Reservation seen as shady:

“When I sold you the lot next door, I forgot to mention that I was going to keep using the path to the lake. Oops!”

Easement-by-Implication & Easement-by-Necessity: Degree of Necessity

EASEMENTS BY IMPLICATION: • Some states: Evidence of intent, but not required• Most states: Reasonable necessity required• Some states (not FL): Strict necessity required if implied by

reservation

EASEMENTS BY NECESSITY: • Most states: Strict necessity

Some Legal Tests/Examples for Reasonable & Strict Necessity in Cases and Note 3 (P860-61)

Easement-by-Implication: Notice

Subsequent purchasers of servient tenement only bound to continue easement if notice of its existence at time of

purchase

•Actual Notice/Knowledge (Fact Q): Did buyer know about easement?•Inquiry Notice (Legal Q): Sufficient info to create duty in reasonable buyer to ask?

– Often Sufficient: Path/road going to property line– Courts sometimes stretch to find inquiry notice: should have been aware

that pipes underground might connect, etc.

•Usually won’t be notice from public land records b/c documents unlikely to refer to implied easement.

APPROACHINGCOURSE 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:2L 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–3Ls Will Fill or Nearly Fill Many Classes–Later 2L Slots Have Even Fewer Options–Check in Advance & Prepare Alternatives

COURSE SELECTION:HOW TO CHOOSE

1. Becoming a Well-Rounded Lawyer2. Resume Management3. Taking Care of Yourself

Becoming a Well-Rounded Lawyer• 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)

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–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 December

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

FINAL POINT

FINAL POINT: Registration is NOTNOT 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

PROPERTY D SLIDES 4-8-14. Tuesday April 8 Music (to Accompany Williams Island): Pat Benatar: Best...

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