PROPERTY E SLIDES

O4-04-13

POP CULTURE QUIZ

What is the Most-Performed Waltz in American Popular

Music?

TODAYTODAY• Intro to Chapter 6• Review Problems 5A & 5B

UNIT III

Divided Rights in the Same Piece of Land

UNIT III: Mi Casa es SU CASA: Divided Rights in the Same Piece of Land

• Chapter 6: Landlord-Tenant Law• Chapter 7: Servitudes– Easements– Homeowners’ Association Rules

• Common Themes– One Person in Possession; Another with

UNIT III: Mi Casa es SU CASA: Divided Rights in the Same Piece of Land

• Common Themes– Division of Rights• One Party in Possession of Land• Second Party Has Interests That Limit Rights of Possessor

– Landlord’s Interests Limit Tenants– Easement-Holders and Homeowners’ Association Interests Limit

Landowners

– Based in Contract• Issues re Interpretation of Contract Provisions• Issues re Legal Limits on Ability to Contract

Chapter 6: Leased But Not Last: Selected Issues in Landlord-

Tenant Law (Formica & Selectric)

• Readings for Today = Background• Primary Coverage– Florida Residential Landlord Tenant Act– Landlords’ Duties re Quality of Premises– Limits on Landlords’ Right to Select Tenants

• Skills Training: – Working with Detailed Statutory Language– Evidence of Discriminatory Motive

Chapter 6: Leased But Not Last: Selected Issues in Landlord-

Tenant Law

• Important Distinctions– Property v. Contract View of Leases– Different Types of Leases/Parties• Residential v. Commercial v. Agricultural• Sophisticated v. Unsophisticated Parties (Bargaining Power)

– Default Rules v. Non-Waivable Rights

Chapter 6: Leased But Not Last: Selected Issues in Landlord-

Tenant Law

• Review Problems: Careful Work with Statutes – Mon 4/8: Review Problem 6A (Denali & Everglades):• Under Florida Statutes, What Kinds of Tenant Acts Allow

Immediate Eviction (v. One Free Bite)?• Broken Down into Sub-Questions for You

– Mon 4/15: Review Problem 6D (ALL): • Big Messy Fact-Pattern Under Florida Statutes & Miami-Dade

Housing Code• EVERYBODY Responsible for parts of; broken out by alphabet• Try to do carefully; plausibly testable on final exam

ZION: Review Problem 5A “Actual Use” Element

TEMPLES & TOWERS OF THE VIRGIN

ZION: Review Problem 5A “Actual Use” Element

AP Lives Next to Vacant Lot•Initially: • Stone walls on 3 sides; graffiti;

garbage • AP repaints walls; removes garbage;

plants hedge across 4th side of lot.

•For 10Y: AP washes off new graffiti, removes garbage; trims hedge.

ZION: Review Problem 5A “Actual Use” Element

Arguments/Missing Facts?1.Cultivation, Improvements, Enclosure• Last Time: Enclosure

(Depends on Height, Thickness, Completeness of Hedge)

2.Uses Like Owner of Similar Property3.Purposes of AP/Actual Use

Exam Question II: Short Problems (3/4)

Important Skills to Practice1.Focusing on One Narrow Topic at a Time2.Imagining Relevant Facts Not Provided3.Serious Arguments on Both Sides4.Policy Arguments to Help Resolve

Exam Question II: Short Problems (3/4)

Important Skills to Practice1.Focusing on One Narrow Topic at a Time2.Imagining Relevant Facts Not Provided

3.Serious Arguments on Both Sides– Most Common Failing– If You Don’t See 2 Sides, Skip It

4.Policy Arguments to Help Resolve

Good Exam Answers Often Are Schizophrenic Conversations

Legal Smeagols

ACADIA: Review Problem 5B “Continuous” Element

ACADIA SUNRISE

ACADIA: Review Problem 5B “Continuous” Element

• M resided in house with Color of Title for most of 10Y Statutory Period

• Absent 5 mos. undergoing rehab for physical injury• While M Away:– Utilities & Mail Service Stopped– M’s Friend D watered plants every 2-3 weeks

• M asked D to Feed Cat at M’s House; Instead D Took Cat to Own Home

ACADIA: Review Problem 5B “Continuous” Element

Arguments/Missing Facts/Purposes

1.Should 5 Month Interruption for Rehab Break Continuity?2.Assuming 5 Months of No Use Would be Too Much, Was There Enough Evidence of M’s Claim While She Was Gone to Be “Continuity” (cf. Ray)3.Legal Significance of D Not Doing What He Was Asked?