Implied Easements help!

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JPeavy44
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Implied Easements help!

Postby JPeavy44 » Sun May 09, 2010 12:02 am

By nature of being implied, there is no written instrument, so a later owner is not protected from a prior unrecorded implied easement...but is notice required for you to be bound by the implied easement? You could only have constructive notice though...so if you were in a notice or race-notice jx you would be bound.

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Re: Implied Easements help!

Postby 270910 » Sun May 09, 2010 1:30 am

JPeavy44 wrote:By nature of being implied, there is no written instrument, so a later owner is not protected from a prior unrecorded implied easement...but is notice required for you to be bound by the implied easement? You could only have constructive notice though...so if you were in a notice or race-notice jx you would be bound.


I believe you're a little turned around. Recording act statutes protect you from somebody else trying to assert a property right that you already have. It is almost laughably unlikely that one day the easement you use to get from your land to the highway is going to have somebody else on it going "what. this is my easement, what are you doing here?" :lol: I guess if they did, and had, erm, recorded that fact? In good faith? You might have an issue, but probably not until that point...

Keep in mind that unwritten easements are 1) narrowly defined to apparent, notorious, or overt and strictly necessary activity (depending on the precise formulation) and also 2) you can submit an affidavit of recording or whatever any time you want if you're worried about it.

Because easements are interests in land, transfers etc. are subject to them with a very wide definition of 'notice'. It's primarily covenants where you have to watch out for notice issues.

As a concrete example, if I gain an easement by prescription over your land to get to the forest and you sell your land, the easement remains whether or not it is in the deed or written down or told to the new purchaser. In order to control for this, the general warranty deed will give the purchaser a cause of action if the information is not disclosed.

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vanwinkle
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Re: Implied Easements help!

Postby vanwinkle » Sun May 09, 2010 2:00 am

disco_barred wrote:
JPeavy44 wrote:By nature of being implied, there is no written instrument, so a later owner is not protected from a prior unrecorded implied easement...but is notice required for you to be bound by the implied easement? You could only have constructive notice though...so if you were in a notice or race-notice jx you would be bound.


I believe you're a little turned around. Recording act statutes protect you from somebody else trying to assert a property right that you already have. It is almost laughably unlikely that one day the easement you use to get from your land to the highway is going to have somebody else on it going "what. this is my easement, what are you doing here?" :lol: I guess if they did, and had, erm, recorded that fact? In good faith? You might have an issue, but probably not until that point...

Keep in mind that unwritten easements are 1) narrowly defined to apparent, notorious, or overt and strictly necessary activity (depending on the precise formulation) and also 2) you can submit an affidavit of recording or whatever any time you want if you're worried about it.

Because easements are interests in land, transfers etc. are subject to them with a very wide definition of 'notice'. It's primarily covenants where you have to watch out for notice issues.

As a concrete example, if I gain an easement by prescription over your land to get to the forest and you sell your land, the easement remains whether or not it is in the deed or written down or told to the new purchaser. In order to control for this, the general warranty deed will give the purchaser a cause of action if the information is not disclosed.

Reading this just convinces me I'm going to fail Property.

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Re: Implied Easements help!

Postby solidsnake » Sun May 09, 2010 3:11 am

JPeavy44 wrote:By nature of being implied, there is no written instrument, so a later owner is not protected from a prior unrecorded implied easement...but is notice required for you to be bound by the implied easement? You could only have constructive notice though...so if you were in a notice or race-notice jx you would be bound.


You're thinking about it wrong -- use of the recording act is invoking statutory protection against a subsequent claimant; subsequent claimants, on the other hand, try to invoke the recording act as a means to usurp the common law first-in-time rule. When there is an implied easement appurtenant [which begs the question of whether the court will recognize the easement as appurtenant], the dominant tenant will usually seek to enforce the easement against not only the current servient tenant, but also any subsequent successors to the servient estate (lest he risk abandonment of the easement). Since, as you pointed out, there is no written instrument expressing the encumbrance, the dominant tenant must, then, enforce the implied easement against successors under an equitable servitude theory. Equitable servitudes do require notice, but the notice/race-notice/race jurisdiction distinction becomes irrelevant at that point.

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Re: Implied Easements help!

Postby 270910 » Sun May 09, 2010 8:22 am

solidsnake wrote:Since, as you pointed out, there is no written instrument expressing the encumbrance, the dominant tenant must, then, enforce the implied easement against successors under an equitable servitude theory


That's not true at all. The whole point of implied easements is that they're exceptions to the usual requirements of writing / the statute of frauds. Once an easement is ruled to exist, however it came into being, it's an interest in land. It's best to think of an easement like its own parcel. They're very hardy property interests. It doesn't go away just because you forgot to tell somebody about it. Covenants / equitable servitude can - notice is quite important, because the entire theory there is about promises with respect to land with very precise rules for when they're allowed to transfer between different owners.

And remember that historically courts were leery about allowing the traditional subject matter of real covenants/equitable servitudes pass to subsequent owners (repeating money payments, promises to not do things on property, etc.) while courts never skipped a beat allowing the burdens/benefits traditional subject matter of easements to pass. That's a policy argument or explanation more than a rule (since obviously the nature of easements and servitudes overlaps in modern times) but it should help explain precisely why there's such an interesting difference between the two legal doctrines when it comes to notice.

From gilbert's:

p 298: "An easement is an interest in land. This means, among other things, that the burden passes to subsequent owners of the servient land. The owner of an easement does not merely contract rights against the original grantor, but also has rights against all successors to the grantor."

P 318: "Exam tip: It is important to remember that the easement appurtenant passes with the benefited land. Don't be fooled by questions that make you think it must be specifically mentioned in the deed." (emphasis in original)

(All of this assumes we're talking about an easement appurtenant which isn't personal. If we're talking about an easement in gross, the question goes from mild non-sequitur to mega-double-stuffed 'wtf?' if you start talking about recording. Still, an easement in gross is no less inherently transferable than one which is appurtenant, though special concepts have to apply to ensure the scope of the easement is protect if the benefit is being assigned (one stock rule, etc. etc.)

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Re: Implied Easements help!

Postby OperaSoprano » Sun May 09, 2010 9:41 am

Somewhat related question, for Disco, for the Virginians taking property tomorrow, or for anyone else who might know the answer:

I am trying to make sense of my class notes on covenants. I have "When does the burden run?" and "When does the benefit run?" Cryptically, I have scrawled "different tests/considerations for each," and now I have no idea what on earth I meant. Can there be a benefit to one estate or party (ie: the right to enforce Covenant X) without a burden to the servient estate which must follow the restrictions, or take action, as is required per Covenant X? Would not the benefit expire if the burden did?

Can someone give me an example of a covenant in which the benefit would run, but the burden would not? I think I am making myself more and more confused. I'd rather stick to talking about Javins and policy issues re: slumlords...

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Re: Implied Easements help!

Postby 270910 » Sun May 09, 2010 9:56 am

OperaSoprano wrote:Somewhat related question, for Disco, for the Virginians taking property tomorrow, or for anyone else who might know the answer:

I am trying to make sense of my class notes on covenants. I have "When does the burden run?" and "When does the benefit run?" Cryptically, I have scrawled "different tests/considerations for each," and now I have no idea what on earth I meant. Can there be a benefit to one estate or party (ie: the right to enforce Covenant X) without a burden to the servient estate which must follow the restrictions, or take action, as is required per Covenant X? Would not the benefit expire if the burden did?

Can someone give me an example of a covenant in which the benefit would run, but the burden would not? I think I am making myself more and more confused. I'd rather stick to talking about Javins and policy issues re: slumlords...


Two things:

1) Real covenants have very different rules with respect to conveyances than equitable servitudes. In modern jurisdictions, by and large those two doctrines are completely co-extensive, and equitable servitudes are always preferred, so you don't need to worry about pure, legal real covenants. Basically pure legal real covenants are never used or sought to be enforced because of how simmilar they are to equitable servitudes (in most cases I can imagine, a single set of facts is likely to create both). Your mileage, as usual, may vary - your professor might have drilled the requirements for real covenants, etc. But suffice it to say real requirements have arcane and fairly unreasonable requirements of privity (horizaontal and vertical) and different rules for benefits and burdens running when land is transferred.

2) Equitable servitudes have really straightforward rules by comparison - the overwhelming majority of jurisdictions hold that the burden AND benefit both always transfer, there is no bizarro privity requirement. There may still be a standing issue with respect to who can bring suit to enforce an equitable servitude. And there are issues about the enforceability (which requires either a signed writing or a sufficient implication by general plan as well as intent for the promise (servitude, covenant, whatever) to run with the land, notice of its existence, and a promise that can be said to 'touch and concern' the land.)

The promise 'touches and concerns' if the judge feels like it 'touches and concerns'. By and large the that requirement is just trying to prevent silly promises like "owner of property A will take owner of property B out to dinner once a week" from being enforceable by remote grantees down the line :P

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Re: Implied Easements help!

Postby OperaSoprano » Sun May 09, 2010 10:05 am

disco_barred wrote:
OperaSoprano wrote:Somewhat related question, for Disco, for the Virginians taking property tomorrow, or for anyone else who might know the answer:

I am trying to make sense of my class notes on covenants. I have "When does the burden run?" and "When does the benefit run?" Cryptically, I have scrawled "different tests/considerations for each," and now I have no idea what on earth I meant. Can there be a benefit to one estate or party (ie: the right to enforce Covenant X) without a burden to the servient estate which must follow the restrictions, or take action, as is required per Covenant X? Would not the benefit expire if the burden did?

Can someone give me an example of a covenant in which the benefit would run, but the burden would not? I think I am making myself more and more confused. I'd rather stick to talking about Javins and policy issues re: slumlords...


Two things:

1) Real covenants have very different rules with respect to conveyances than equitable servitudes. In modern jurisdictions, by and large those two doctrines are completely co-extensive, and equitable servitudes are always preferred, so you don't need to worry about pure, legal real covenants. Basically pure legal real covenants are never used or sought to be enforced because of how simmilar they are to equitable servitudes (in most cases I can imagine, a single set of facts is likely to create both). Your mileage, as usual, may vary - your professor might have drilled the requirements for real covenants, etc. But suffice it to say real requirements have arcane and fairly unreasonable requirements of privity (horizaontal and vertical) and different rules for benefits and burdens running when land is transferred.

2) Equitable servitudes have really straightforward rules by comparison - the overwhelming majority of jurisdictions hold that the burden AND benefit both always transfer, there is no bizarro privity requirement. There may still be a standing issue with respect to who can bring suit to enforce an equitable servitude. And there are issues about the enforceability (which requires either a signed writing or a sufficient implication by general plan as well as intent for the promise (servitude, covenant, whatever) to run with the land, notice of its existence, and a promise that can be said to 'touch and concern' the land.)

The promise 'touches and concerns' if the judge feels like it 'touches and concerns'. By and large the that requirement is just trying to prevent silly promises like "owner of property A will take owner of property B out to dinner once a week" from being enforceable by remote grantees down the line :P



Thank you so much! I have detailed notes on the privity requirements for covenants, which are now in my outline, but the bolded is what I am still missing. What are the different benefit/burden rules?

Also, I have "touches and concerns the land" --> no longer just relates to physical changes to the land, but broadly interpreted to encompass anything affecting the land's value. Is this accurate?

Am I going to fail property on Wednesday?

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Re: Implied Easements help!

Postby 270910 » Sun May 09, 2010 10:14 am

OperaSoprano wrote:
disco_barred wrote:
OperaSoprano wrote:Somewhat related question, for Disco, for the Virginians taking property tomorrow, or for anyone else who might know the answer:

I am trying to make sense of my class notes on covenants. I have "When does the burden run?" and "When does the benefit run?" Cryptically, I have scrawled "different tests/considerations for each," and now I have no idea what on earth I meant. Can there be a benefit to one estate or party (ie: the right to enforce Covenant X) without a burden to the servient estate which must follow the restrictions, or take action, as is required per Covenant X? Would not the benefit expire if the burden did?

Can someone give me an example of a covenant in which the benefit would run, but the burden would not? I think I am making myself more and more confused. I'd rather stick to talking about Javins and policy issues re: slumlords...


Two things:

1) Real covenants have very different rules with respect to conveyances than equitable servitudes. In modern jurisdictions, by and large those two doctrines are completely co-extensive, and equitable servitudes are always preferred, so you don't need to worry about pure, legal real covenants. Basically pure legal real covenants are never used or sought to be enforced because of how simmilar they are to equitable servitudes (in most cases I can imagine, a single set of facts is likely to create both). Your mileage, as usual, may vary - your professor might have drilled the requirements for real covenants, etc. But suffice it to say real requirements have arcane and fairly unreasonable requirements of privity (horizaontal and vertical) and different rules for benefits and burdens running when land is transferred.

2) Equitable servitudes have really straightforward rules by comparison - the overwhelming majority of jurisdictions hold that the burden AND benefit both always transfer, there is no bizarro privity requirement. There may still be a standing issue with respect to who can bring suit to enforce an equitable servitude. And there are issues about the enforceability (which requires either a signed writing or a sufficient implication by general plan as well as intent for the promise (servitude, covenant, whatever) to run with the land, notice of its existence, and a promise that can be said to 'touch and concern' the land.)

The promise 'touches and concerns' if the judge feels like it 'touches and concerns'. By and large the that requirement is just trying to prevent silly promises like "owner of property A will take owner of property B out to dinner once a week" from being enforceable by remote grantees down the line :P



Thank you so much! I have detailed notes on the privity requirements for covenants, which are now in my outline, but the bolded is what I am still missing. What are the different benefit/burden rules?

Also, I have "touches and concerns the land" --> no longer just relates to physical changes to the land, but broadly interpreted to encompass anything affecting the land's value. Is this accurate?

Am I going to fail property on Wednesday?


1) I have no idea what the difference between the burden / benefit rules are, sorry, lol. I'd recommend Gilbert :D

2) Yup. There are like 400 different T&C tests, but none of them 'work' or have any satisfying doctrinal force. You can think about whether it effects land ownership rights, whether it increases value, whether reasonable people who have negotiated for such a restriction in the future, etc. but it is very broad. Look for something unconscionable - outside of dues for homeowners associations, affirmative covenants to pay money are sometimes suspect, because of how expensive they can get if they're implied to last forever - but on the other hand, covenants to pay money to provide for services (once more the home owner's association is the common example) are almost always valid.

3) Not even close!

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Re: Implied Easements help!

Postby OperaSoprano » Sun May 09, 2010 10:34 am

disco_barred wrote:
OperaSoprano wrote:
disco_barred wrote:
OperaSoprano wrote:Somewhat related question, for Disco, for the Virginians taking property tomorrow, or for anyone else who might know the answer:

I am trying to make sense of my class notes on covenants. I have "When does the burden run?" and "When does the benefit run?" Cryptically, I have scrawled "different tests/considerations for each," and now I have no idea what on earth I meant. Can there be a benefit to one estate or party (ie: the right to enforce Covenant X) without a burden to the servient estate which must follow the restrictions, or take action, as is required per Covenant X? Would not the benefit expire if the burden did?

Can someone give me an example of a covenant in which the benefit would run, but the burden would not? I think I am making myself more and more confused. I'd rather stick to talking about Javins and policy issues re: slumlords...


Two things:

1) Real covenants have very different rules with respect to conveyances than equitable servitudes. In modern jurisdictions, by and large those two doctrines are completely co-extensive, and equitable servitudes are always preferred, so you don't need to worry about pure, legal real covenants. Basically pure legal real covenants are never used or sought to be enforced because of how simmilar they are to equitable servitudes (in most cases I can imagine, a single set of facts is likely to create both). Your mileage, as usual, may vary - your professor might have drilled the requirements for real covenants, etc. But suffice it to say real requirements have arcane and fairly unreasonable requirements of privity (horizaontal and vertical) and different rules for benefits and burdens running when land is transferred.

2) Equitable servitudes have really straightforward rules by comparison - the overwhelming majority of jurisdictions hold that the burden AND benefit both always transfer, there is no bizarro privity requirement. There may still be a standing issue with respect to who can bring suit to enforce an equitable servitude. And there are issues about the enforceability (which requires either a signed writing or a sufficient implication by general plan as well as intent for the promise (servitude, covenant, whatever) to run with the land, notice of its existence, and a promise that can be said to 'touch and concern' the land.)

The promise 'touches and concerns' if the judge feels like it 'touches and concerns'. By and large the that requirement is just trying to prevent silly promises like "owner of property A will take owner of property B out to dinner once a week" from being enforceable by remote grantees down the line :P



Thank you so much! I have detailed notes on the privity requirements for covenants, which are now in my outline, but the bolded is what I am still missing. What are the different benefit/burden rules?

Also, I have "touches and concerns the land" --> no longer just relates to physical changes to the land, but broadly interpreted to encompass anything affecting the land's value. Is this accurate?

Am I going to fail property on Wednesday?


1) I have no idea what the difference between the burden / benefit rules are, sorry, lol. I'd recommend Gilbert :D

2) Yup. There are like 400 different T&C tests, but none of them 'work' or have any satisfying doctrinal force. You can think about whether it effects land ownership rights, whether it increases value, whether reasonable people who have negotiated for such a restriction in the future, etc. but it is very broad. Look for something unconscionable - outside of dues for homeowners associations, affirmative covenants to pay money are sometimes suspect, because of how expensive they can get if they're implied to last forever - but on the other hand, covenants to pay money to provide for services (once more the home owner's association is the common example) are almost always valid.

3) Not even close!


1) Wait wait what? How is there something you don't know the answer to? It's not like Gilbert's going to have it if you don't know it. *looks worried*

2) Something I understand! I am relieved.

3) Is there an applicable meme for this?

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Re: Implied Easements help!

Postby Renzo » Sun May 09, 2010 11:49 am

OperaSoprano wrote:Thank you so much! I have detailed notes on the privity requirements for covenants, which are now in my outline, but the bolded is what I am still missing. What are the different benefit/burden rules?

In order for the benefit to run, you don't need horizontal privity, nor notice; that's the big difference. Also, the standard for vertical privity is relaxed. For the burden to run, the successor traditionally had to receive the original party's entire interest, but the benefit can run when the successor has less than the entire interest.

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Re: Implied Easements help!

Postby OperaSoprano » Sun May 09, 2010 12:03 pm

Renzo wrote:
OperaSoprano wrote:Thank you so much! I have detailed notes on the privity requirements for covenants, which are now in my outline, but the bolded is what I am still missing. What are the different benefit/burden rules?

In order for the benefit to run, you don't need horizontal privity, nor notice; that's the big difference. Also, the standard for vertical privity is relaxed. For the burden to run, the successor traditionally had to receive the original party's entire interest, but the benefit can run when the successor has less than the entire interest.


No notice either for the benefit? Thank you so much, Renzo! I need to look over my supplements stat... When is your test?

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Re: Implied Easements help!

Postby Renzo » Sun May 09, 2010 12:59 pm

OperaSoprano wrote:
Renzo wrote:
OperaSoprano wrote:Thank you so much! I have detailed notes on the privity requirements for covenants, which are now in my outline, but the bolded is what I am still missing. What are the different benefit/burden rules?

In order for the benefit to run, you don't need horizontal privity, nor notice; that's the big difference. Also, the standard for vertical privity is relaxed. For the burden to run, the successor traditionally had to receive the original party's entire interest, but the benefit can run when the successor has less than the entire interest.


No notice either for the benefit? Thank you so much, Renzo! I need to look over my supplements stat... When is your test?

<3

Weds.

Sadly, my prof basically doesn't care about estates or land interest rules (which I know pretty well), she only cares about policy. And I'm counting on this being my one un-terrible grade...


FML.

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Re: Implied Easements help!

Postby OperaSoprano » Sun May 09, 2010 1:19 pm

Renzo wrote:
OperaSoprano wrote:
Renzo wrote:
OperaSoprano wrote:Thank you so much! I have detailed notes on the privity requirements for covenants, which are now in my outline, but the bolded is what I am still missing. What are the different benefit/burden rules?

In order for the benefit to run, you don't need horizontal privity, nor notice; that's the big difference. Also, the standard for vertical privity is relaxed. For the burden to run, the successor traditionally had to receive the original party's entire interest, but the benefit can run when the successor has less than the entire interest.


No notice either for the benefit? Thank you so much, Renzo! I need to look over my supplements stat... When is your test?

<3

Weds.

Sadly, my prof basically doesn't care about estates or land interest rules (which I know pretty well), she only cares about policy. And I'm counting on this being my one un-terrible grade...


FML.


I was told exactly how much you've been studying. You will not be getting any terrible grades. You can handle policy just as well as the BLL, and I fully expect to see you dominate this thing!

<3

Renzo
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Re: Implied Easements help!

Postby Renzo » Sun May 09, 2010 1:24 pm

OperaSoprano wrote:
I was told exactly how much you've been studying. You will not be getting any terrible grades. You can handle policy just as well as the BLL, and I fully expect to see you dominate this thing!

<3

Sadly, it's true that I put way more effort in this semester, but paradoxically, I feel fairly confident I am going to do worse across the board. I was really ready for my crim test (I thought), and I did not feel good leaving it. There might still be hope for property, however...

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Re: Implied Easements help!

Postby solidsnake » Sun May 09, 2010 1:24 pm

disco_barred wrote:
solidsnake wrote:Since, as you pointed out, there is no written instrument expressing the encumbrance, the dominant tenant must, then, enforce the implied easement against successors under an equitable servitude theory


That's not true at all. The whole point of implied easements is that they're exceptions to the usual requirements of writing / the statute of frauds. Once an easement is ruled to exist, however it came into being, it's an interest in land. I


You are just too fucking much. The whole argument below is about how exactly one gets to the point where "an easement is ruled to exist." Anything less than that is analytically sloppy and conclusory.
solidsnake wrote: When there is an implied easement appurtenant [which begs the question of whether the court will recognize the easement as appurtenant]


Do you understand what the quoted means? If a court rules it is appurtenant, then it runs with the land, and the dominant tenant has an property interest. The court presumes appurtenant over in gross, but before we even get that far -- judges don't just hand out declaratory judgments, after all -- the dominant tenant will enforce the implied easement just as he would an equitable servitude -- by showing that the 1)servient tenant had notice; 2) that the easement was intended to run with the land; 3) whatever sufficient condition for the implied easement exists (and in the case of strict necessity, still does) 4) the easement doesn't violate "public policy" (replacing commonl law touch and concern); and that 5) the easement hasn't terminated. Why do you think R3d has collapsed easements into servitude law?

All this assumes is that when the servient tenant transfers his estate to a successor, the deed isn't recorded with the encumbrance. If it is, the easement becomes express and dominant tenant doesn't need to rely on equitable servitude theory to enforce his property right in the servient estate. But when the easement is not recorded, before you make the conclusory assertion that it is appurtenant, you have to think how in real life is dominant tenant going to keep using his easement when a new neighbor has moved in and has no idea (which might in and of itself implicate a notice problem) the easement existed when he bought the place. To get his declaratory judgment, then, dominant tenant will have to show the above.

Oh, but you're relying on Gilbert's as authority. You remind me of that kid last sem who used to come onto TLS and fight over Contracts hypos, quoting Emanuels to backup up his bullshit Contracts arguments. He never came back once he got his Contracts grade.
Last edited by solidsnake on Sun May 09, 2010 4:42 pm, edited 2 times in total.

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Re: Implied Easements help!

Postby 270910 » Sun May 09, 2010 1:42 pm

:lol:

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Re: Implied Easements help!

Postby eth3n » Sun May 09, 2010 1:52 pm

vanwinkle wrote:Reading this just convinces me I'm going to fail Property.

+1 T_T
Officially spending the next four days in the library

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Re: Implied Easements help!

Postby OperaSoprano » Sun May 09, 2010 2:59 pm

I shouldn't have come back into this thread, because I am now laughing so hard that I may never get back to studying.

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Re: Implied Easements help!

Postby vanwinkle » Sun May 09, 2010 5:29 pm

solidsnake wrote:Oh, but you're relying on Gilbert's as authority. You remind me of that kid last sem who used to come onto TLS and fight over Contracts hypos, quoting Emanuels to backup up his bullshit Contracts arguments. He never came back once he got his Contracts grade.

To be honest that kid is probably why I did so well on my Contracts final. He was like a living breathing hypo generator. Every time he'd throw out a new variant of his same argument it'd give me something else to rebut. By the time he finally shut up, I knew Contracts down cold.

I wish he'd been around to argue Property or Evidence with. That would've been epic.

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Re: Implied Easements help!

Postby solidsnake » Sun May 09, 2010 5:37 pm

vanwinkle wrote:
solidsnake wrote:Oh, but you're relying on Gilbert's as authority. You remind me of that kid last sem who used to come onto TLS and fight over Contracts hypos, quoting Emanuels to backup up his bullshit Contracts arguments. He never came back once he got his Contracts grade.

To be honest that kid is probably why I did so well on my Contracts final. He was like a living breathing hypo generator. Every time he'd throw out a new variant of his same argument it'd give me something else to rebut. By the time he finally shut up, I knew Contracts down cold.

I wish he'd been around to argue Property or Evidence with. That would've been epic.


Same re: my contracts final. Disco is taking that role w property, though. Seeing his conclusory answers/misapplied black letter/skipped or assumed issues really fine tunes one's own analytical sensitivity; it's one of the biggest benefits of TLS, imo.

270910
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Re: Implied Easements help!

Postby 270910 » Sun May 09, 2010 5:55 pm

:lol:

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vanwinkle
Posts: 9740
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Re: Implied Easements help!

Postby vanwinkle » Sun May 09, 2010 5:55 pm

disco_barred wrote::lol:

Argue property with me! Quickly, my final is tomorrow and I need to learn!

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OperaSoprano
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Joined: Tue Nov 25, 2008 1:54 am

Re: Implied Easements help!

Postby OperaSoprano » Sun May 09, 2010 6:08 pm

vanwinkle wrote:
disco_barred wrote::lol:

Argue property with me! Quickly, my final is tomorrow and I need to learn!


And mine is on Wednesday! So much still to do...

Disco is a hero; he saved all of us.

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Matthies
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Re: Implied Easements help!

Postby Matthies » Sun May 09, 2010 6:14 pm

God now you guys are confusing me and i had both and easment and covenats problem on the bar exam :shock:




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