Top Law Schools

For our Property mid-term we had to write a paper on Adverse possession. Apparently I missed out on 9 points for missing the entire element of Exclusive Possession. The way I stated the elements were; (1) actual entry conveying exclusive possession that is (2) open and notorious (3) adverse and under claim of right and (4) uninterrupted for the statutory period of time.

Apparently the authority I referenced includes both actual entry & exclusive possession as one element. When I initially met with the Prof I pointed this out, however she stated there are five (5) separate elements listed in our reading and in Barbri. (I referenced the Gilbert outline, which coincidentally, was authored by our casebook co-author) At first, I told the Prof that I didn't want to knit-pick and moved on, however in retrospect, every point helps and I've been grappling with whether to pursue the matter further.

Any input?

why would you use an AP test from a commercial outline when your professor gave you a different test? my guess is your professor noticed this and isnt exactly happy that you are using the test from a supplement instead of the one he/she gave you to use.. just a guess

BlueDiamond wrote:why would you use an AP test from a commercial outline when your professor gave you a different test? my guess is your professor noticed this and isnt exactly happy that you are using the test from a supplement instead of the one he/she gave you to use.. just a guess

Good point. However, I would point out that our Prof referenced several different sources when discussing adverse possession, including; the casebook, treatise, law review article, case law and several handouts.

LAWYER2 wrote:For our Property mid-term we had to write a paper on Adverse possession. Apparently I missed out on 9 points for missing the entire element of Exclusive Possession. The way I stated the elements were; (1) actual entry conveying exclusive possession that is (2) open and notorious (3) adverse and under claim of right and (4) uninterrupted for the statutory period of time.

Apparently the authority I referenced includes both actual entry & exclusive possession as one element. When I initially met with the Prof I pointed this out, however she stated there are five (5) separate elements listed in our reading and in Barbri. (I referenced the Gilbert outline, which coincidentally, was authored by our casebook co-author) At first, I told the Prof that I didn't want to knit-pick and moved on, however in retrospect, every point helps and I've been grappling with whether to pursue the matter further.

Any input?

Might as well do it, just in a very respectful manner and if your professor says you're out of luck then don't bother fighting it any further.

LAWYER2 wrote:For our Property mid-term we had to write a paper on Adverse possession. Apparently I missed out on 9 points for missing the entire element of Exclusive Possession. The way I stated the elements were; (1) actual entry conveying exclusive possession that is (2) open and notorious (3) adverse and under claim of right and (4) uninterrupted for the statutory period of time.

Apparently the authority I referenced includes both actual entry & exclusive possession as one element. When I initially met with the Prof I pointed this out, however she stated there are five (5) separate elements listed in our reading and in Barbri. (I referenced the Gilbert outline, which coincidentally, was authored by our casebook co-author) At first, I told the Prof that I didn't want to knit-pick and moved on, however in retrospect, every point helps and I've been grappling with whether to pursue the matter further.

Any input?

I've never seen "the four elements of adverse possession." Only seen it as five. From what you're saying, you've already had this discussion with your professor, and she disagreed with your take on it. I'm not sure where you plan to go from here, but regardless of where you think you're going, where you'll end up is not worth a few measly points on a 25% midterm.

PS This isn't Clueless and this isn't undergrad. I've never heard of people getting points totals changed on exams, unless it's an arithmetic error.

Most law schools will not make a professor change a grade for any reason other than a mathematical error. Feel free to discuss your issue with your professor. Point out that you listed "actual" and "exclusive" together, but that you analyzed both. If your professor refuses to change your grade, leave it at that. Nothing more you can do.


For future reference, if your professor gives you a rule statement in class use that. If your professor does not give a rule statement then use your casebook. If your casebook is also unclear then use a commercial outline. Using any rule but the one your professor gives you though is risky.

Your prof seems kind of silly. Even judges will sometimes combine multiple elements as one element, while splitting them up in other opinions. This kind of thing happens all the time. A lot of times, a statement of the elements could easily be teased out into as many or as few distinct elements as the reader wants to tease out. What should matter isn't the exact statement of the elements, but the analysis of each one.

That said, its your prof's exam. Do whatever they say to do.

romothesavior wrote:That said, its your prof's exam. Do whatever they say to do.

This. You learned a valuable lesson before finals day, which is that your exam answer should say what your professor told you. If you're sure the professor said one thing, and your hornbook/study guide says another, always always always use your prof's version.