PROPERTY E SLIDES O4-04-13. POP CULTURE QUIZ What is the Most- Performed Waltz in American Popular...
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Transcript of PROPERTY E SLIDES O4-04-13. POP CULTURE QUIZ What is the Most- Performed Waltz in American Popular...
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PROPERTY E SLIDES
O4-04-13
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POP CULTURE QUIZ
What is the Most-Performed Waltz in American Popular
Music?
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TODAYTODAY• Intro to Chapter 6• Review Problems 5A & 5B
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UNIT III
Divided Rights in the Same Piece of Land
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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
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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
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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
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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
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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
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ZION: Review Problem 5A “Actual Use” Element
TEMPLES & TOWERS OF THE VIRGIN
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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.
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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
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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
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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
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Good Exam Answers Often Are Schizophrenic Conversations
Legal Smeagols
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ACADIA: Review Problem 5B “Continuous” Element
ACADIA SUNRISE
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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
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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?