PROPERTY A SLIDES

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PROPERTY A SLIDES

• 4-14-15

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Tuesday April 14 Music (to Accompany Williams
Island)Pat Benatar Best Shots (1989)featuring
Hit Me with Your Best Shot

• Complete Office Hours Posted
• Yellowstone Critiques E-Mailed Biscayne by
  Mid-Day Tomorrow
• Friday Double Class (755-945)
• Second Sample Exam Q Due Saturday _at_ Noon
• Review Session 2pm Fri 4/24
• Old Model Answers Last Minute Qs

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Review Problem 6C (S148)

• Those living on Carr-acre can use the driveway
  across the western edge of Rhodes-acre in
  vehicles or on foot for access to and from
  Hungerford Highway and for exercise.

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Chapter 6 Easements

• Overview Terminology
• Interpreting Language
• Easement v. Fee
• Scope of Express Easements
• Implied Easements
• By Estoppel
• By Implication and/or Necessity
• By Prescription

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Implied Easements Overview

• Easements are both contracts conveyances (land
  transfers)
• How do you achieve contracts and conveyances
  without express agreement? Four Theories

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Implied Easements Overview

• Contract/Conveyance w/o Express Agreement
• Four Theories
• Promissory Estoppel (Detrimental Reliance)
• Implied-in-Fact Contract (Parties Intent)
• Implied-in-Law Contract (Public Policy)
• Adverse Possession

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Implied Easements Overview

• 4 Theories ? 4 Types of Implied Easement
• (1) Promissory Estoppel (Detrimental Reliance)
• Easement-by Estoppel
• (2) Implied-in-Fact Contract (Parties Intent)
• Easement-by-Implication
• (3) Implied-in-Law Contract (Public Policy)
• Easement-by-Necessity
• (4) Adverse Possession
• Easement-by-Prescription

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Implied Easements Overview

• 4 Theories ? 4 Types of Implied Easement
• (1) Easement-by Estoppel
• (2) Easement-by-Implication
• (3) Easement-by-Necessity
• (4) Easement-by-Prescription
• Helpful Ways to Think About
• Parties generally not trying to create implied
  easements.
• Can view each type as an after-the-fact legal
  result/remedy reached by a court after review of
  relevant facts.
• Similar fact patterns may yield different type
  if facts change a bit.
• In rare cases, same facts will give rise to more
  than one type.

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Implied Easements Sewage Pipe Hypothetical

1. Developer builds line of houses
2. Same set of pipes connect all houses in line to
   city sewer system. Sewage from houses further
   from the city sewer passes under all houses in
   line that are closer to the sewer.

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SEWAGE PIPE HYPOTHETICAL 6 5
4 3 2 1
To City Sewer ?
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Implied Easements Sewage Pipe Hypothetical

• Developer builds line of houses
• Same pipes connect houses in line to city sewers
  sewage from houses further from sewer passes
  under the rest.
• Developer sells all houses in line, but creates
  no easements to allow flow of sewage along the
  line. Connected nature of sewage pipes not
  referenced in deeds and no notice provided
  orally.

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SEWAGE PIPE HYPOTHETICAL 6 5
4 3 2 1
To City Sewer ?
Possible Issue Lot 3 Being Used by Lots 4-6
to Dispose of Their Sewage
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Implied Easements Sewage Pipe Hypothetical

• Developer builds line of houses
• Same pipes connect houses in line to city sewers
  sewage from houses further from sewer passes
  under the rest.
• Developer sells all houses in line creates no
  easements and provides no written or oral notice
  of connected nature of sewage pipes.
• When can owners of houses further from sewer
  claim one or more types of implied easement?
• Particular variations on the facts will give rise
  to each type.
• For each type, well revisit hypo to see
  similarities/differences in operation

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Chapter 6 Easements

• Overview Terminology
• Interpreting Language
• Easement v. Fee
• Scope of Express Easements
• Implied Easements
• By Estoppel
• By Implication and/or Necessity
• By Prescription

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Easement-by-EstoppelBackground Licenses (Note
1 P791)

• LICENSE Permission by owner for third party to
  use owners property. E.g.,
• Right to enter theater or ballpark with ticket.
• Come over swim in my pool.
• Store your things in my house while your house is
  tented.

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Easement-by-EstoppelBackground Licenses (Note
1 P791)

• LICENSE Permission by owner for third party to
  use owners property.
• License generally revokable by owner unless
• Combined with Another Interest (E.g., Right to
  Pick Fruit)
• -OR-
• Easement-by-Estoppel (Some States but Not All)

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Easement-by-EstoppelGeneral Rule

• An owner may be estopped from barring a 2d party
  access to the owners property where
• The owner apparently allows 2d party to use the
  property (Apparent License)
• 2d party reasonably and detrimentally relies on
  this acquiescence

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Easement-by-EstoppelGeneral Rule

• An owner may be estopped from barring a 2d party
  access to the owners property where
• The owner apparently allows 2d party to use the
  property (Apparent License)
• 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.

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Easement-by-EstoppelGeneral Rule

• An owner may be estopped from barring a 2d party
  access to the owners property where
• The owner apparently allows 2d party to use the
  property (Apparent License)
• 2d party reasonably and detrimentally relies on
  this acquiescence
• Default Rule b/c clear statement that E-by-E not
  intended precludes reasonable reliance.

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YELLOWSTONE Stoner, Easements-by-Estoppel,
DQ6.06-6.07
GIANT GEYSER
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Easement-by-Estoppel (Yellowstone)DQ6.06
Reasonable Detrimental Reliance

• Stoner Reliance on Oral Permission to Build
  Ditch
• Reasonable?

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Easement-by-Estoppel (Arches)DQ6.06 Reasonable
Detrimental Reliance

• Stoner Reliance on Oral Permission to Build
  Ditch Reasonable?
• P Presumably Aware of Ds Expenditures
• BUT Should You Get it in Writing Before Spending?
• Might explore more facts (nature of promise
  extent of awareness of reliance parties
  relationship, etc.)
• Detrimental?

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Easement-by-Estoppel (Yellowstone)DQ6.06
Reasonable Detrimental Reliance

• Stoner Reliance on Oral Permission to Build
  Ditch
• Detrimental? (Easier)
• 7000 in 19th Century to construct ditch
• Maybe other missed opportunities (e.g., alternate
  forms of irrigation now more expensive to
  install)

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Easement-by-EstoppelGeneral Rule

• An owner may be estopped from barring a 2d party
  access to the owners property where
• The owner apparently allows 2d party to use the
  property (Apparent License)
• 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.

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Easement-by-EstoppelReasonable Detrimental
Reliance

• Nelson v. ATT (Note 3 P792-93)
• Easement contained in deed invalid b/c lack of
  legal formalities. D placed 32 poles
  maintained for 30 years. Compare to Stoner re
  Reliance.
• ATT Clearer that easement rather than license
  intended b/c explicit, in writing, problems w
  deed arose after O signed
• BUT ATT sophisticated party shouldve known
  that deed was invalid fixed

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Easement-by-EstoppelReasonable Detrimental
Reliance

• Nelson v. ATT (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 ATT should have known
  easement not properly created meaning they had a
  mere license. Essentially holds reliance was
  not reasonable by a sophisticated player.

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Easement-by-EstoppelDuration/Termination

• N.4 (P793) How Long Does an E-by-E Last?
• Stoner For so long a time as the nature of it
  calls for. Means?

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Easement-by-EstoppelDuration/Termination

• N.4 (P793) 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
  Neighbors 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

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Easement-by-EstoppelDuration/Termination

• N.4 (P793) How Long Does an E-by-E Last?
• Stoner For so long a time as the nature of it
  calls for.
• What does this mean for an irrigation ditch?

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Easement-by-EstoppelDuration/Termination

• N.4 (P793) How Long Does an E-by-E Last?
• Stoner For so long a time as the nature of it
  calls for.
• What does this mean for an irrigation ditch?
• So long as irrigation remains useful to Dominant
  Tenement?
• So long as no cheap alternatives?

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Easement-by-EstoppelDuration/Termination

• N.4 (P793) How Long Does an E-by-E Last?
• Stoner For so long a time as the nature of it
  calls for.
• What does this mean for hypo in Note 4
• House built in reliance on E-by-E burns down.
• Can owner rebuild?

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Easement-by-EstoppelDuration/Termination

• N.4 (P793) 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 (bottom P790)
• 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.

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Easement-by-EstoppelDuration/Termination

• N.4 (P793) 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
  )

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SEWAGE PIPE HYPOTHETICAL 6 5
4 3 2 1
To City Sewer ?
Danielle buys Lot 2 from Owner of Lot 1 (No
House on 2 but Sewage Pipe in Place)
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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 doesnt object to use of sewer
  line until after house on 2 is complete
  connected. Assume no other easy way to connect
  to sewer.
• Is Ds Reliance on Os Silence While House is
  Constructed Reasonable?
• If so, will yield E-by-E in states that allow

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Easement-by-EstoppelPolicy Considerations
(DQ6.07)

• Well do as Op/Diss Problem Friday
• for both Types of Easements Described in DQ
• Yellowstones ALL
• (Ill Do Set-Up Slide on Thursday)

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Easement-by-EstoppelPolicy Considerations
(DQ6.07)

• Should We Allow E-by-E? Possible Results
• (1) Whenever theres 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?

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Chapter 6 Easements

• Overview Terminology
• Interpreting Language
• Easement v. Fee
• Scope of Express Easements
• Implied Easements
• By Estoppel
• By Implication and/or Necessity
• By Prescription

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Easement-by-Implication Easement-by-Necessity
Overview

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

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Easement-by-Implication Easement-by-Necessity
Overview

• 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 Objective Evidence of Intent Not Secret
  Subjective Belief
• Default Rule Clear statement that not intended
  precludes E-by-I .

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Easement-by-Implication Easement-by-Necessity
Overview

• 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 Objective Evidence of Intent Not Secret
  Subjective Belief
• 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 6J).

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Review Problem 6B Mike/Dom. P
Debbie/Serv. D

• Owner of Ms land may place and maintain an
  antenna onto Debbies barn and run wires from
  the antenna to Ms 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 Ms land
• Antenna installed reception still not good no
  cable TV
• 2014 Can M replace antenna w satellite dish?

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Review Problem 6B (Yellowstone Critique)Redwood
Mike/Dom. P Biscayne Debbie/Serv. D

• For P Powell, Rodriguez, Fellig, Daniels (Alt
  Whitley)
• For D Pecorella, Aleman, Pierre, Kaleel-J (Alt
  Foote)
• 1962 Owner of Ms land may place and maintain
  an antenna onto Debbies barn and run wires
  from the antenna to Ms land to allow TV
  reception for that property.
• 2014 Can M replace antenna w satellite dish?
• Arguments from Marcus Cable?

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Review Problem 6B (Yellowstone Critique)Redwood
Mike/Dom. P Biscayne Debbie/Serv. D

• For P Powell, Rodriguez, Fellig, Daniels (Alt
  Whitley)
• For D Pecorella, Aleman, Pierre, Kaleel-J (Alt
  Foote)
• 1962 Owner of Ms land may place and maintain
  an antenna onto Debbies barn and run wires
  from the antenna to Ms land to allow TV
  reception for that property.
• 2014 Can M replace antenna w satellite dish?
• Arguments from Chevy Chase?
• (incl. Missing/Ambiguous Facts)