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Music: Meat Loaf Bat Out of Hell (1977)

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Title: Music: Meat Loaf Bat Out of Hell (1977)


1
Music Meat Loaf Bat Out of Hell (1977)
  • NCAA CONTEST IJ TOP TEN SCORES
  • ROSADO BARRERAS 54
  • GOTTFRIED 50
  • FLOOD 39
  • AINSWORTH 37
  • EBLE 37
  • GONZALEZ 35
  • THOMPSON 33
  • FICAROLA 32
  • SIMEONIDIS 32
  • HOROWITZ, E 31
  • BOTTOM FIVE
  • HOROWITZ, M 9
  • LIEPOLD 8
  • HOFFMAN 7
  • CARLO 6
  • HYMAN 5
  • OTHER NOTABLES
  • HILL 36
  • FAJER 20
  • LOWENTHAL 10

2
Easements by Implication Necessity CONTINUED
  • Featuring FALCONS
  • (and a guinea pig)

3
EASEMENTS BY NECESSITY NOTICE
  • In theory, also need notice to bind
  • Court finding the easement necessary unlikely to
    find lack of notice.

4
Williams Island Elements
  • One parcel is split Prior use (Undisputed)
  • Intent to continue prior use Evidence?

5
Williams Island Elements
  • One parcel is split Prior use (Undisputed)
  • Intent to continue prior use Evidence?
  • Testimony
  • References to Easements in Deed
  • Overall Circumstances
  • Apparent, visible or reasonably discoverable?

6
Williams Island Elements
  • One parcel is split/ Prior use (Undisputed)
  • Intent to continue prior use
  • Apparent, visible or reasonably discoverable
  • Necessity Court says yes well do later
  • Notice to Subsequent Purchasers?

7
Williams Island Elements
  • Notice to Subsequent Purchasers?
  • Court says both Actual Inquiry
  • Unusually good evidence of both intent notice

8
Necessity Requirement
  • EASEMENTS BY IMPLICATION
  • Usually reasonable necessity
  • Some states strict necessity if implied by
    reservation (Florida not)
  • EASEMENTS BY NECESSITY
  • Most states strict necessity

9
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
  • Original owner sells West, retains East by
    Reservation
  • Original Owner Simultaneously Sells Both to
    Different People by Grant

10
Questions on Necessity
  • Note 3 Was there reasonable necessity in
    Williams Island?
  • Alternatives (from note 1 on P853)
  • Cross highway, travel 200 feet on sidewalk, cross
    highway again
  • Backtrack along a substantial portion of the golf
    course to get around defendants tract

11
Questions on Necessity
  • Reasonable necessity in Williams Island
  • Lawyering Task Other Possible Alternatives?

12
Questions on Necessity
  • Note 3 Should lack of access to utilities meet
    the strict necessity test?

13
Questions on Necessity
  • Is the majoritys analysis of necessity in Dupont
    more convincing than that of the dissent?
  • Access available to Southern part possibility
    of road across wetlands (v.)
  • Getting road built across wetlands costs time,
    , and conservation easement (giving up use of
    some of land)

14
Thoughts on Dupont Confusing on Necessity
Standards in Florida
  • Fl. Stat. 704.01(1) reasonably necessary
    reasonable practicable
  • 704.03 practicable means w/o use of bridge,
    ferry, turnpike road, embankment or substantial
    fill.
  • Tortoise Island (Fla Supr Ct) absolute
    necessity
  • Hunter (1st DCA interpreting Tortoise Island)
    no other reasonable mode of accessing the
    property

15
Thoughts on Dupont Confusing on Necessity
Standards in Florida
  • Fl. Stat. 704.01(1) reasonably necessary
    reasonable practicable
  • 704.03 practicable means w/o use of bridge,
    ferry, turnpike road, embankment or substantial
    fill.
  • Tortoise Island (Fla. S.Ct.) absolute
    necessity
  • Hunter (1st DCA interpreting Tortoise Island)
    no other reasonable mode of accessing the
    property
  • What would you have to show to meet tests in
    Sewage Pipe Hypo?

16
Thoughts on Dupont
  • No easement by implicaton (no prior use)
  • No easement by prescription (permission)
  • BUT bad facts for servient owners their own
    story is revoking license after 14 years

17
Thoughts on Dupont
  • If Whitesides version of facts is true, good
    case for easement by estoppel
  • Purchasing land building expensive house
    (240,000 in 1981) detrimental reliance
  • Duponts building road prior to closing probably
    makes reliance reasonable

18
Easements by Estoppel
  • Terminology in DuPont
  • Court says cant have easement w/o writing
  • Allows possibility of irrevocable license
  • Really means same thing as Easement by Estoppel

19
Thoughts on Dupont Easement by Necessity Tricky
  • Road to Southern part of lot existed when
    purchased, so lot as a whole is not landlocked
  • House on Northern part not built when purchased,
    so no necessity for enjoyment
  • Would have to view essentially as two separate
    parcels divided by water with no access between
    them to get E-by-N to Northern part
  • What if road crossing wetlands easy in 1981?

20
A Little More Doctrine
  • Easements by Necessity end when the necessity
    ends Easements by Implication do not (because
    based entirely in intent)
  • Courts almost always hold that negative easements
    cant be implied by implication or by necessity.
    Penn. case cited in Note 4 is very rare in even
    considering.
  • Some states have private condemnation statutes
    like those described in Note 8.

21
Note 8
  • Suppose a state uses its eminent domain power to
    condemn easements to provide access to landlocked
    parcels and has the owner of the landlocked
    parcel pay for the easement. Does this use of
    Eminent Domain meet the public use requirement?
  • This Q became Review Problem 2C (Opinion/Dissent
    Fall 2007)

22
EASEMENTS BY PRESCRIPTION
  • featuring
  • EAGLES

23
EASEMENTS BY PRESCRIPTION
  • DQ115. To what extent do the following
    rationales for adv. possession also support the
    doctrine of Prescriptive Easements?
  • (a) reward beneficial use of land
  • (b) punish sleeping owners
  • (c) recognize psychic connection to land
  • (d) protect people and legal system from being
    burdened with stale claims

24
EASEMENTS BY PRESCRIPTION
  • Continuous Use
  • Open Notorious
  • Exclusive
  • Adverse/Hostile

25
EASEMENTS BY PRESCRIPTIONELEMENTS CONTINUOUS
  1. Evidence in Macdonald?
  2. Evidence in Lyons?

26
EASEMENTS BY PRESCRIPTIONELEMENTS CONTINUOUS
  • Note that can be seasonal use like Adverse
    Possession (Ray)

27
EASEMENTS BY PRESCRIPTION
  • Continuous Use
  • Open Notorious
  • Exclusive
  • Adverse/Hostile

28
EASEMENTS BY PRESCRIPTIONELEMENTS OPEN
NOTORIOUS
  • DQ117. Evidence of open and notorious
  • MacDonald requires actual notice
  • Other states do not.
  • Is it a good idea to do so?

29
EASEMENTS BY PRESCRIPTIONELEMENTS OPEN
NOTORIOUS
  • DQ117. Evidence of open and notorious
  • Can a claim of prescriptive easement with regard
    to underground utilities like Sewer Pipe Hypo
    ever be open and notorious?

30
EASEMENTS BY PRESCRIPTION
  • Continuous Use
  • Open Notorious
  • Exclusive
  • Adverse/Hostile

31
EASEMENTS BY PRESCRIPTIONELEMENTS EXCLUSIVE
  • Many Jurisdictions Dont Require (Nature of
    Easement is Non-Exclusive Use)
  • Some Means Exclusive of Everyone but Owner
  • Some (TX) Shared w Owner ? Presumption of
    Permissive

32
EASEMENTS BY PRESCRIPTION
  • Continuous Use
  • Open Notorious
  • Exclusive
  • Adverse/Hostile

33
EASEMENTS BY PRESCRIPTIONELEMENTS ADVERSITY
  • Note 2 What is the significance of the
    following presumptions?
  • Continuous use for AP Period presumed adverse
    (MacDonald)

34
EASEMENTS BY PRESCRIPTIONELEMENTS ADVERSITY
  • Note 2 What is the significance of the
    following presumptions?
  • Continuous use for AP Period presumed adverse
    (MacDonald). How do you disprove?

35
EASEMENTS BY PRESCRIPTIONELEMENTS ADVERSITY
  • Note 2 What is the significance of the
    following presumptions?
  • 2. Public recreational use presumed permissive
    (Lyons)

36
EASEMENTS BY PRESCRIPTIONELEMENTS ADVERSITY
  • Note 2 What is the significance of the
    following presumptions?
  • 2. Public recreational use presumed permissive
    (Lyons) v. Undeveloped land presumed permissive
    (Lyons Dissent)

37
EASEMENTS BY PRESCRIPTIONELEMENTS ADVERSITY
  • Note 2 What is the significance of the
    following presumptions?
  • 3. Shared use with the owner (e.g., of a
    driveway) presumed permissive (Texas)

38
EASEMENTS BY PRESCRIPTIONELEMENTS ADVERSITY
  • Presumptions frequently decide cases because hard
    to disprove.

39
EASEMENTS BY PRESCRIPTIONELEMENTS ADVERSITY
  • Policy Q What do you do with case like MacDonald
    or Dupont where use continues for a long time and
    then servient owner says no? (plausible to say
    permissive)?
  • Could create hybrid of prescription estoppel
    if use goes on long enough, cant change your
    mind.

40
EASEMENTS BY PRESCRIPTIONPOLICY QUESTIONS
  • DQ118. The best justifications for granting an
    implied easement are reliance and need. Thus, if
    claimants cannot meet the elements of an Easement
    by Estoppel or of an Easement by Necessity, they
    should not be able to get a Prescriptive Easement
    unless they pay market value for it.
  • Do you agree?

41
NOTICE THE RECORDING SYSTEM
42
NOTICE (of Conflicting Property Rights)
  • Actual Notice Fact Question
  • Constructive Notice Generally Legal Q
  • Record Notice (from public records)
  • Inquiry Notice (facts suggesting conflicting
    interest)

43
Operation of the Recording System
  • Every jurisd. in US has recording office
  • If a real property interest is transferred,
    normally record document
  • Deeds, Mortgages, Easements
  • Court judgments lis pendens etc.
  • Clerks of court blind recipients w date stamps
  • County keeps documents notes in indexes

44
Purposes of Recording System
  • Provides public record of land titles govt
    knows who is responsible
  • Secures copies of important documents
  • Provides notice to subsequent buyers
  • Can see chain of title of seller
  • Can see non-ownership interests (e.g., easements,
    other servitudes)
  • Gives grantees incentive to record
  •  

45
Recording Acts Problem Addressed
  • Transfer of Interest in Same Property to Two
    Different Grantees(O?A, O?B)
  • Can be resale of whole parcel
  • More frequently, transfer of partial interest
    (e.g., easement or mineral rights) that conflicts
    with later transfer of complete interest

46
Recording Acts Problem Addressed
  • Transfer of Interest in Same Property to Two
    Different Grantees(O?A, O?B)
  • O liable for fraud or breach of warranty
  • A v. B who gets lawsuit who gets ppty rt?
  • Common law answer 1st in time 1st in Right

47
Recording Acts Operation
  • Recording has no effect on rights of parties to
    original transaction as betw. themselves
  • Unrecorded O?A deed still valid
  • O cant defend suit by A by saying unrecorded

48
Recording Acts Operation
  • Recording has no effect on rights of parties to
    original transaction as betw. themselves
  • Protects buyers who record against other
    transferees
  • Often yields different results than 1st in time
  • Most jurisdictions protect later BFP for value
    against unrecorded interests

49
BFP for VALUE Definitions
  • Bona Fide Purchaser good faith
  • No notice of prior transaction
  • Status is specific to one prior transaction
  • Can only be true of later player

50
BFP for VALUE Definitions
  • Bona Fide Purchaser good faith
  • What is value? (jurisdiction specific)
  • donees, heirs, devisees usually not protd
  • split re amount of consideration needed

51
3 Kinds of Recording Acts
  1. Race
  2. Notice
  3. Race-Notice

52
3 Kinds of Recording Acts
  • Race
  • 1st to Record Wins
  • N.C. La. Del. for all interests
  • Some others for some specific interests
  • Notice
  • Race-Notice

53
3 Kinds of Recording Acts
  • Race
  • Notice
  • Protects BFP for Value against prior unrecorded
    interests regardless of when or if BFP records
  • About half the states (e.g. TX FL)
  • Race-Notice

54
3 Kinds of Recording Acts
  • Race
  • Notice
  • Race-Notice
  • Protects BFP for Value against prior unrecorded
    interests only if BFP records 1st
  • About half the states (e.g. NY CA)

55
DQ119
  • featuring
  • ALL

56
DQ119 featuring ALL
  • (but mostly Eagles)

57
DQ119 Situation 1
  • O?A
  • O?B (BFP)
  • B records O? B deed
  • A records O? A deed
  • WHO WINS IN ?
  • RACE
  • NOTICE
  • RACE-NOTICE

58
DQ119 Situation 1
  • O?A
  • O?B (BFP)
  • B records O? B deed
  • A records O? A deed
  • WHO WINS IN ?
  • RACE B
  • NOTICE B
  • RACE-NOTICE B

59
DQ119 Situation 2
  • O?A
  • A records
  • O?B
  • B records
  • WHO WINS IN ?
  • RACE
  • NOTICE
  • RACE-NOTICE

60
DQ119 Situation 2
  • O?A
  • A records
  • O?B
  • B records
  • WHO WINS IN ?
  • RACE A
  • NOTICE A
  • RACE-NOTICE A

61
Moral of Situations 1 2 If you record
immediately, you are always in the best position
possible.
62
DQ119 Situation 3
  • O?A
  • O?B (NOT BFP)
  • B records
  • A records
  • WHO WINS IN ?
  • RACE
  • NOTICE
  • RACE-NOTICE

63
DQ119 Situation 3RACE STATUTE PROTECTS BAD
FAITH PURCHASER WHO RECORDS FIRST
  • O?A
  • O?B (NOT BFP)
  • B records
  • A records
  • WHO WINS IN ?
  • RACE B
  • NOTICE A
  • RACE-NOTICE A

64
DQ119 Situation 4
  • O?A
  • O?B (BFP)
  • A records
  • B records
  • WHO WINS IN ?
  • RACE
  • NOTICE
  • RACE-NOTICE

65
DQ119 Situation 4NOTICE STATUTE PROTECTS BFP
EVEN IF DOESNT RECORD FIRST
  • O?A
  • O?B (BFP)
  • A records
  • B records
  • WHO WINS IN ?
  • RACE A
  • NOTICE B
  • RACE-NOTICE A
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