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LAX Room 2: Probably should have done so, … But I do apologize.
LAX Room 2: I’m here. So I guess we’ll get started.
LAX Room 2: So, where we left off last week was adverse possession. So, it’s a piece of land.
LAX Room 2: Situated, and someone or an entity, or even some people are trespassing on this.
LAX Room 2: piece of land.
LAX Room 2: If they occupy this piece of land.
LAX Room 2: visibly, so it’s not underground, or they’re not secretly doing so, and then leaving during the day and coming back at night. …
LAX Room 2: And they don’t have the true owner’s permission.
LAX Room 2: And they situate themselves. They occupy themselves for, …
LAX Room 2: a certain period of time, constantly, then they can succeed to taking this land. This land will actually be deemed theirs.
LAX Room 2: Now, there’s no requirement that the adverse possessor believes that this is their land. They could intentionally invade, they could accidentally… it doesn’t matter. It’s just, did they have permission? So sometimes, someone might build a fence that’s encroaching on someone’s land.
LAX Room 2: 4 feet.
LAX Room 2: In which case, … After a certain period of time, it could be theirs, okay?
LAX Room 2: As we’ll learn tonight, there’s, what.
LAX Room 2: 14 inches? Was that open and notorious?
LAX Room 2: … So, any questions from what we went over?
LAX Room 2: last week.
LAX Room 2: Before I… Get back into it.
LAX Room 2: Why are y’all here? I was expecting to open my laptop and just teach from right here.
LAX Room 2: But there’s actually, human beings here. Kinda weird.
LAX Room 2: No questions?
LAX Room 2: Not too complicated. But, just again.
LAX Room 2: Remember, for exam purposes, I do get very substandard, responses to adverse possession. So, … be very careful.
LAX Room 2: Okay?
LAX Room 2: A good way to know that it’s calling for the discussion is the interrogatory, or the call in question, will say, who owns Black Acre and why?
LAX Room 2: It’s gonna say that.
LAX Room 2: who owns this, and why? Okay, well, there’s probably gonna be some type of dispute of some sort, and…
LAX Room 2: Someone’s gonna be claiming an interest in it.
LAX Room 2: So it’s usually the second or third poll of the question. Historically, it’s from… from tie tests, it’s usually the second
LAX Room 2: Called question.
LAX Room 2: So, okay, so let’s say, any volunteers?
LAX Room 2: No volunteers.
LAX Room 2: Joe….
Vahe Baghdasaryan: volunteers here.
LAX Room 2: Yeah, possesses… possesses?
LAX Room 2: occupies this table.
LAX Room 2: Blackacre.
LAX Room 2: And…
LAX Room 2: So, owner is the true owner.
LAX Room 2: Okay.
LAX Room 2: So, AP is adverse possessor, occupies, Blackacre in 2010.
LAX Room 2: Owner gets a prison sentence, in 2011, Owner is released in 2016.
LAX Room 2: And then there’s a 10-year… Statute of limitations for Trespass.
LAX Room 2: Owners released from prison in 2016. Adverse possessor lives on Black Acre until 2025. You know what?
LAX Room 2: Let’s just say 2024.
LAX Room 2: Sorry, man.
LAX Room 2: Adverse, true owner files, A lawsuit in 2024, trying to get rid of the…
LAX Room 2: adverse possessor. So, who wins?
Tadey Mirzakhanyan: AP.
Vahe Baghdasaryan: The poo?
Tadey Mirzakhanyan: The adverse possessor?
LAX Room 2: Okay, why?
Tadey Mirzakhanyan: Because the owner went to jail in 2011. He went in at 2010.
LAX Room 2: Well, so what? What does that have to do with anything?
Tadey Mirzakhanyan: The clock stopped… if you went in at 2010,
Tadey Mirzakhanyan: The clock would start, but since he went in after the fact, it doesn’t matter when he went to prison.
LAX Room 2: So what you’re saying is, is that the disability didn’t exist at the time of entry.
Tadey Mirzakhanyan: Yes.
LAX Room 2: Correct.
LAX Room 2: That is exactly correct.
LAX Room 2: That is exactly correct.
LAX Room 2: Owner didn’t go to prison until 2011. Owner has to be in prison at the time the adverse possessor went in.
LAX Room 2: started occupying the land. This’ll be on the bar. It’ll be a multiple-choice question.
LAX Room 2: It’s always a… okay.
LAX Room 2: And this is the area where that one
LAX Room 2: Brilliant student of mine could not understand.
LAX Room 2: Huh? Wait.
LAX Room 2: You need to draw it out, I remember it.
LAX Room 2: But it’s not too bad, right? Not bad, right? Did anybody not get this?
LAX Room 2: I know people didn’t get it. I don’t understand it now. You get it now?
gevorg kulikyan: Question, Professor.
LAX Room 2: Yeah.
gevorg kulikyan: So, all 3 of the disabilities, they must exist before the entry.
LAX Room 2: I never said all three, it’s just one of the three.
gevorg kulikyan: Just incarceration.
LAX Room 2: Awesome.
LAX Room 2: This one of the three must exist.
LAX Room 2: By the way, we are being recorded, right? This is… this class is being recorded. Can you guys all confirm on… yep, it says recorded. There was a student last week that was talking about, depression, we were talking about medication, suicide, blah blah blah.
LAX Room 2: And I’m not gonna say who it is, but we all know who it is. She destroyed my Saturday, because I had to actually look up what she was saying, because I, you know, have to be right, and I was afraid I wasn’t right.
LAX Room 2: So, …
LAX Room 2: what I didn’t know, it’s what’s not in my notes.
LAX Room 2: Is that for… to qualify for insanity, that unsound mind, there has to be some form of adjudication involved.
LAX Room 2: So, unless there’s some adjudication, Saying that someone is not of unsound mind because they’re suicidal and depressed, …
LAX Room 2: It’s not going to qualify alone to Qualify as a disability.
LAX Room 2: But I do commend the argument, absolutely, it actually… I didn’t know that, so I actually had to look that up myself.
LAX Room 2: I didn’t know that.
LAX Room 2: It’s not in my notes, but I will make sure to notify future real property all-starters that take me in the future of that.
LAX Room 2: Questions?
Dove night: Yeah, so adjudication, so that person is, like, …
Dove night: By judge, you know, like, conservatorship, or mental hospitalization, or something.
LAX Room 2: There’s gotta be some type of judgment involved. So, like, yeah, like, there’s a judge of some sort, or fact finders of some sort that
LAX Room 2: Com… complies with due process.
LAX Room 2: And if there is a finding of some sort that this person is of unsound mind and sanity, then that qualifies.
LAX Room 2: So, some type of adjudication of some sort.
Dove night: Thank you.
LAX Room 2: But by the court, not by, like, a physician.
LAX Room 2: Well, adjudication involves some form of due process.
LAX Room 2: So, I don’t think… A physician alone is capable.
LAX Room 2: But maybe some type of board, where…
LAX Room 2: That makes… that has decision-making ability, where someone can present arguments and evidence to the contrary.
LAX Room 2: I can’t think of examples right now.
LAX Room 2: Okay.
LAX Room 2: Any volunteers.
Tadey Mirzakhanyan: odds, yes.
Tadey Mirzakhanyan: It’s me again. But yeah.
LAX Room 2: Right now.
Tadey Mirzakhanyan: Toddy? And they could file at 2025.
LAX Room 2: Hold on a second.
LAX Room 2: Say that again?
Tadey Mirzakhanyan: I’m saying, AP could file at 2025.
LAX Room 2: can, I mean, anyone can.
Tadey Mirzakhanyan: No, due to the fact of things, since…
Tadey Mirzakhanyan: 2015 to all would be 18, becoming an adult already.
Tadey Mirzakhanyan: So the clock would start from 2015.
LAX Room 2: So who would succeed in us?
Tadey Mirzakhanyan: Depending on what month in 2015 they got possession of it.
Tadey Mirzakhanyan: For one month in 2025, they filed.
Tadey Mirzakhanyan: I don’t like vegetables. Okay, so be specific.
Tadey Mirzakhanyan: AP would get possession.
LAX Room 2: Why would you say AP gets… would win?
Tadey Mirzakhanyan: 10 years from 2015 to 2025.
Amir Akbari: It depended on the months, right?
LAX Room 2: Well, he said it earlier, I mean, I asked for a volunteer, someone volunteered, so I don’t know why I’m hearing from other people.
Tadey Mirzakhanyan: I mean, the month’s not written in the facts. Going base just off the years that you’re written? Yes.
LAX Room 2: Right.
Tadey Mirzakhanyan: See?
LAX Room 2: I agree, you’re right!
LAX Room 2: 2013? When in 2013? When in 2015? I have no clue.
LAX Room 2: Can someone text AP and let me know?
Tadey Mirzakhanyan: So you want me to give months, if it was in June of 2015, and the kitchen?
LAX Room 2: I want you, in your exam, I want you to go through every month, and then give you all variations of every month and day.
LAX Room 2: Within 15 pages.
Tadey Mirzakhanyan: Alright.
LAX Room 2: That’s a joke. That is a joke. That’s just a joke.
Tadey Mirzakhanyan: I’m sure.
LAX Room 2: That’s the joke.
LAX Room 2: So, …
LAX Room 2: No. If you just simply spot that, I’d be very impressed. Wonderful. Since you all take, you know, a really difficult 36-hour exam, it doesn’t really…
LAX Room 2: You know, it’s not really a big deal to test on something like this.
LAX Room 2: But back in the olden days, when students took real final exams that were 1 hour, and there were paramedics in the parking lot.
LAX Room 2: … It was easier to spot stuff like this, to focus on which students are really thinking.
LAX Room 2: But it’s kind of hard when… You have a take-home final.
LAX Room 2: Oh, but you don’t understand, it’s really hard. Oh, no, it is! It’s hard! No, it ain’t. Sorry.
LAX Room 2: See, you guys are, like, laughing. They’re blank faces.
LAX Room 2: Like, that’s not funny.
LAX Room 2: You don’t understand.
LAX Room 2: Questions on disability? So what this does is this pauses the clock.
LAX Room 2: If the disability existed at the time the adverse possessor went into occupancy.
LAX Room 2: Then, it pauses the clock. It just stops it for right now.
LAX Room 2: And the clock doesn’t start ticking until their, the disability is gone, or there’s some type of transfer in ownership.
LAX Room 2: What’s really important is, to know that there’s no, hacking of…
LAX Room 2: I… Missed tacking. Tacking’s before disability.
LAX Room 2: Tacking is before disability. So I’ll get to that. So there’s no tacking of disabilities. So you can’t have…
LAX Room 2: Disabilities, one after the other, subsequent.
LAX Room 2: So, if a minor transfers it to someone who… the property to someone who’s in prison.
LAX Room 2: The clock will begin upon that transfer, despite the fact that a subsequent true owner is in prison, because you can’t tap disabilities, okay?
LAX Room 2: So, in this instance, if the 16-year-old transferred it to someone who was in prison.
LAX Room 2: The moment the transfer happens is when the clock starts ticking.
LAX Room 2: For exam purposes, please don’t write on your final exam, clock ticking. I just give it to you because it’s easier, perhaps, for you to understand, but there’s certainly a way to articulate yourself better.
LAX Room 2: Right.
LAX Room 2: Also, for example purposes.
Dove night: Can I ask, what could we say on exam instead of clock tick stops, say?
Dove night: ….
LAX Room 2: Say the legality for adverse possession would begin, or something?
LAX Room 2: I would say the statute of limitations, but you could say that the time period,
LAX Room 2: You could say it will not run, but I just don’t think that clock picking is the most articulate word to say.
LAX Room 2: You could say that the statute will not begin to run against the adverse or the true owner.
LAX Room 2: You can say something like that.
Dove night: Thank you.
LAX Room 2: Now… Going back, what I didn’t discuss was tacking.
LAX Room 2: There may be instances where there’s a transfer of land among adverse possessors.
LAX Room 2: For example, if you have a home
LAX Room 2: Where? Where’s the house? Pick a place.
LAX Room 2: Westwood.
LAX Room 2: Westwood was the loudest that I heard. Westwood. Okay.
LAX Room 2: You live in Westwood, and your property
LAX Room 2: encroaches on your neighbor’s property, let’s say 3 feet, because you built up.
LAX Room 2: a swimming pool, and that swimming pool encroaches on your neighbor’s property. You built that 5 years ago.
LAX Room 2: Okay?
LAX Room 2: you want to sell your property now, because you want to move to Bucharest, Romania, okay?
LAX Room 2: So you sell that property to someone else. That someone else is now an adverse possessor, right?
LAX Room 2: So, if there’s a statute of limitations of 10 years, and the person that you sold it to
LAX Room 2: occupied the land as you did for that… for 5 years, will they succeed?
LAX Room 2: To, within the statutory period.
LAX Room 2: Well… That depends.
LAX Room 2: If there is some form of privity between The party’s adverse possessors.
LAX Room 2: If someone abandons the property, and then someone finds the property in Westwood.
LAX Room 2: There’s no connection among adverse possessors.
LAX Room 2: There’s no formal transaction. There is no contract. There’s no recognized instrument, a deed, contract, something.
LAX Room 2: That would establish a connection between the two.
LAX Room 2: So, think of it like a 10-year statute of limitations, period, okay? So you can say A,
LAX Room 2: held the property.
LAX Room 2: for 5 years and then sold to B,
LAX Room 2: Who held it for 5 years?
LAX Room 2: All this is simply doing is tacking, combining the two periods to successive adverse possessors.
LAX Room 2: Okay? Just combining it.
LAX Room 2: So it fulfills… 10 years.
LAX Room 2: But there must be some type of connection between A and B, okay? So there must be… privity.
LAX Room 2: Now, there is no formal
LAX Room 2: rule of what constitutes privy between successive adverse possessors. But you want to look at, is there some type of connection?
LAX Room 2: Even a gift of some sort, transferring it via gift, selling it.
LAX Room 2: Is it by will? Is there a contract? Is there some type of instrument that runs between the parties, the buyer-seller?
LAX Room 2: Okay?
LAX Room 2: I mortgaged it to some of this.
LAX Room 2: Okay?
LAX Room 2: So, for exam purposes, there was, an exam that tested
LAX Room 2: this concept, and it was, I think it will probably be question 4 or 5 that I sent you.
LAX Room 2: Okay?
LAX Room 2: It’s Aura Owns, Charm Acre.
LAX Room 2: Okay?
LAX Room 2: Now, in that instance, someone is an adverse possessor, and they’re trying to make a go at, I don’t know what they’re growing, they’re growing, like, rabbit eggs?
LAX Room 2: I think so.
LAX Room 2: Good luck.
LAX Room 2: Will we get that?
LAX Room 2: No, okay, fine. They’re growing like apples, okay? Let’s just say apples, okay? Not rabbit eggs. …
LAX Room 2: They’re growing apples.
LAX Room 2: And this individual tried to make a go at this, tried to, tried to be successful in growing apples.
LAX Room 2: And decided to give up on it.
LAX Room 2: And as he was packing up his truck.
LAX Room 2: Getting ready to bounce, I’m outta here. This land sucks.
LAX Room 2: Someone sees that he’s leaving.
LAX Room 2: And says, hey, Can I have a go at this?
LAX Room 2: And this person says, Good luck!
LAX Room 2: And takes off.
LAX Room 2: So the question is, is that privity?
LAX Room 2: Good luck.
LAX Room 2: Can I have this land? Sure.
LAX Room 2: That didn’t happen.
LAX Room 2: Can I have this land for free? Yes, I’m gifting it to you.
LAX Room 2: Hey, can you take my lipstick and write on this piece of used toilet paper that you’re transferring this property to me? That would be some type of instrument, okay?
LAX Room 2: … But simply saying, good luck.
LAX Room 2: Is that enough? I wasn’t planning on taking a break.
LAX Room 2: Is that, is that a problem?
LAX Room 2: No.
LAX Room 2: I mean, not if you have to. I’m late, and I… anyways, … Is good luck enough?
LAX Room 2: Mr. Riverside, what’s up? Why don’t you think so?
LAX Room 2: There’s no instrument involved. He just said, good luck. He never said, you can have the land. So, basically, it’s…
LAX Room 2: I don’t care that you’re intervening, if that’s what it’s called. I’m out of here regardless.
LAX Room 2: Right?
LAX Room 2: Kind of like, good luck is like a figure of speech, like, yeah, whatever.
LAX Room 2: Maybe?
LAX Room 2: You didn’t say no.
LAX Room 2: If that happened to me, I would go with the assumption, alright, it’s mine.
LAX Room 2: because of the good luck, but I guess it is a figurative speech.
LAX Room 2: So, anyways, I don’t think so, but that was the issue. Tacking is attacking, okay? So remember, two adverse possessors
LAX Room 2: That are adversely possessing a piece of land, and…
LAX Room 2: You’re just adding, taking two successive periods and adding them together.
LAX Room 2: to fulfill the tenure.
LAX Room 2: Okay?
LAX Room 2: Questions?
Dove night: I wanted to ask you, did you say GIF? Is GIF, … it’s not privy.
LAX Room 2: I would say gift is, I mean, if you gift real property to someone, …
LAX Room 2: the statute of fraud requires it to be in writing, right? So I’m assuming that there’s some type of instrument involved. Now, there’s exceptions, for example, like, part performance?
LAX Room 2: I don’t know, that begins with a C-O-N class, so I don’t really know exactly.
LAX Room 2: It’s a second semester issue.
Dove night: Oh, okay. But you said GIF is privily?
LAX Room 2: It sounds like it, because good ol’ grandma could gift
LAX Room 2: her property to you, and then you would be recognized as now the owner. There’s a transfer in title.
LAX Room 2: Why not? Sure.
Dove night: Thank you.
LAX Room 2: Anything else?
LAX Room 2: Well, it’s going to conclude here with adverse possession, and then go into the casebook, but I want to make sure everyone’s comfortable or, answer any questions on it, because we’re going to be moving on. You will be tested on this. It’s on your final. It sits there. Like, I can already see it. It’s there.
LAX Room 2: Like, it’s there! It’s on your final!
LAX Room 2: So the way it is on the outline, it has… if any of these are meant, the time is paused, and then it has tags. Does that look pretty good, that, like, outline thing? Does it look okay? Yes. Is it perfect?
LAX Room 2: It’s really good. It’s good, yes. It’s not perfect? Well, it’s just… it seems like a… like it’s a lot, so I need to condense it a little to be able to fully…
LAX Room 2: So it’s not perfect? It could be. It could be perfect. To who answers it. Because I did that.
LAX Room 2: And, to be honest, I mean, I do look at myself in the mirror in the morning, and like.
LAX Room 2: just know that I’m flawless, so I’m really interested to know, like, what’s wrong with my work product? Well, I just wanna, like, it being under-tacking, I wanna know when you would use, like, would… do they correlate with each other? Tacking? Yes.
LAX Room 2: What do you mean, exactly?
LAX Room 2: Hacking is not always an issue. It’s only when you see two adverse possessors.
LAX Room 2: Okay.
LAX Room 2: And just to be clear, I’m not perfect. I know it’s hard to believe, but I’m not, okay? I know you think I am, but it’s just, I’m not.
LAX Room 2: Any other questions?
gevorg kulikyan: I have a question, Professor.
LAX Room 2: Jeff?
gevorg kulikyan: So let’s say someone…
gevorg kulikyan: … okay, if someone becomes insane, let’s say, 3 years into the occupancy, the owner becomes insane.
LAX Room 2: Three years into the occupancy?
gevorg kulikyan: It does not stop.
gevorg kulikyan: The time doesn’t pause.
LAX Room 2: Well, like, give… so first off, There’s an owner, right?
gevorg kulikyan: Yes.
LAX Room 2: And the owner, you’re saying, is insane.
LAX Room 2: No, at the time of occupancy, they’re… Oh, no, no, let’s just start from scratch. Someone owns a piece of land, right? Owner.
gevorg kulikyan: Yes.
LAX Room 2: Okay, and then….
gevorg kulikyan: What happens next?
gevorg kulikyan: So, they own the land, Or the property.
LAX Room 2: The owner?
gevorg kulikyan: The owner owns the property.
LAX Room 2: The owner owns the land.
gevorg kulikyan: Yes, and then an adverse possessor comes onto the property and stays for 3 years.
LAX Room 2: Okay, 3 years, you got it, okay.
gevorg kulikyan: And then… After 3 years, the owner, becomes legally insane.
gevorg kulikyan: Does the time pause?
gevorg kulikyan: From a standpoint.
LAX Room 2: These will be insane.
gevorg kulikyan: Whatever the court des….
LAX Room 2: I hear you. I know, I know what you mean. But yeah, it’s deemed insane. Sure, okay. So, okay.
gevorg kulikyan: So, at that point, in those 3 years’ time, does the time pause, the statute of limitations.
LAX Room 2: Well….
gevorg kulikyan: Pause from there until they become sane again.
LAX Room 2: well… What do you think?
gevorg kulikyan: Well, based off of the incarceration, where the person wasn’t insane, or the person wasn’t incarcerated, the owner was not incarcerated at the time of occupancy, and then they became incarcerated, the time didn’t pause.
gevorg kulikyan: So I’m guessing with insanity, it’s the same situation.
gevorg kulikyan: But then… I don’t think that should be… normal.
gevorg kulikyan: I don’t think that’s normal.
LAX Room 2: You just say that’s… that’s darn dearly hard not fair.
gevorg kulikyan: Yes.
LAX Room 2: Unfortunately, the court has deemed it fair, so the disability must exist at the time of adverse occupancy. Okay. So, if the disability arose after the fact.
LAX Room 2: The true owner is… SOL, and I don’t mean statute of limitations.
gevorg kulikyan: Caught it.
gevorg kulikyan: So they need to be insane prior to the occupancy.
LAX Room 2: Or in prison, or a minor.
gevorg kulikyan: Yeah.
gevorg kulikyan: Alright.
LAX Room 2: So remember, the rationale for disabilities is
LAX Room 2: The law deems a category of individuals incapable of objecting.
LAX Room 2: So, if there’s a 3-year period where they are capable of objecting and don’t, Sorry.
gevorg kulikyan: Yeah, it’s just… Then why is the statute of limitations 10 years?
LAX Room 2: That is a fictional number. If you want to make it 30, we can. If you want to make it 3, we can, doesn’t matter. But 10 is just a really good, even number.
gevorg kulikyan: No, no, no, I’m saying based off the jury.
LAX Room 2: We could do 9 years in 4 months.
gevorg kulikyan: But let’s say it was a statue of limitations of 4 years, and the person became insane 2 years in.
gevorg kulikyan: Why even have that statute of limitations if the person becomes insane, it doesn’t matter?
LAX Room 2: Let’s start from scratch again. So, someone owns, owner owns Blackacre.
gevorg kulikyan: Yes.
LAX Room 2: Okay, what happens next?
gevorg kulikyan: Let’s say the statute of limitations in that jurisdiction is 4 years.
LAX Room 2: That’s fine, but all I’m saying is, what happened next?
gevorg kulikyan: The adverse possessor comes on… trespasses onto the land.
LAX Room 2: Trespasses on the land. Okay, and then what happens next?
gevorg kulikyan: They stay 2 years.
LAX Room 2: Who’s they?
gevorg kulikyan: Adverse possessor stays 2 years.
LAX Room 2: Okay, is on the land for 2 years, then what happens next?
gevorg kulikyan: The owner becomes legally insane.
LAX Room 2: Okay, so, did the disability exist at the time of adverse occupancy?
gevorg kulikyan: No.
LAX Room 2: So the disability is not going to be applicable. Can’t assert it. The clock has been continuously picking.
gevorg kulikyan: Yes. No, I get that. I’m saying…
gevorg kulikyan: Why do they even have the statute of limitations at a certain period?
gevorg kulikyan: if… They’re saying that let’s… the reason for the statute of limitations is it gives the owner
gevorg kulikyan: A reasonable amount of time for them to come and Check on their property, correct?
LAX Room 2: Sure. Whatever each state determines to be reasonable. I believe California’s 3 or 5 years, if you want to…
LAX Room 2: look it up. But there’s other states that I think go as far as 20 years?
gevorg kulikyan: Okay, so… but if somebody becomes legally insane, the court is saying that person is not… Capable of objecting.
gevorg kulikyan: Is that right?
LAX Room 2: Yes, they’re a category of people that the law will basically say that they… can object, yes.
gevorg kulikyan: Yeah, so then, for that person, the statute of limitations
gevorg kulikyan: Is less than what the jurisdiction places that statute of limitations.
LAX Room 2: I’m not following.
LAX Room 2: Because they’re not able to object, so… But they were able to object before.
gevorg kulikyan: They were, but… let’s say something else. They’re out of the country for 2 years. That’s not enough for objecting, right? And then they come back, on their trip, they…
gevorg kulikyan: become legally insane.
gevorg kulikyan: The court gives them a certain amount of time to object.
gevorg kulikyan: which is the statute of limitations, but then they become legally insane. They’re like, well, it’s too bad now. That’s how I’m….
LAX Room 2: I don’t have that period like someone who’s not in St. Ads.
gevorg kulikyan: Yeah, exactly.
LAX Room 2: Okay, fortunately, I mean, how do you really fix that?
gevorg kulikyan: I think this should be paused.
LAX Room 2: So, here’s the thing. So what I’m gonna do is, you’re invading my property, then I’m gonna go to your house.
LAX Room 2: I’m gonna strangle you, take all your stuff, tie you up, and then kidnap you!
LAX Room 2: And then I get busted!
LAX Room 2: Hey, adverse possessor, I committed multiple felonies. You can’t…
LAX Room 2: invade my… you can’t, … I should get more time for adverse possession, because… I’m in prison.
gevorg kulikyan: Yeah, I guess I was just going based off of insanity, I didn’t really care about the incarcerated one.
LAX Room 2: Understood. I hear you.
gevorg kulikyan: Because the incarceration is something you control, but the legal insanity is not.
LAX Room 2: I mean, you could do a bunch of acid.
gevorg kulikyan: Yeah.
LAX Room 2: That’s a joke.
LAX Room 2: I don’t think the rest of the class thinks I’m very funny, but….
gevorg kulikyan: liked them.
LAX Room 2: Oh, you’re melting my heart, because you think I’m funny.
LAX Room 2: Melting my heart.
LAX Room 2: Any other questions?
LAX Room 2: That’s it? No questions?
Dove night: Only thing I would say is that I would remember about if they built the home….
LAX Room 2: Wait, you said, only thing I want to say, so, do you have a question, or do you want to just say things?
Dove night: I have a question. Okay. Okay.
Dove night: So 3 inches… if they build a home, 3 inches onto somebody’s land, that’s… adverse possession.
LAX Room 2: 3 inches, well, the question becomes, is that open and notorious?
LAX Room 2: So, I guess, it could be measured. If I own 40 acres in one of those states that no one cares about ever going to.
LAX Room 2: then a 3-inch encroachment is unlikely to be reasonably visible upon a… or visible upon a reasonable inspection. Whereas, if I bought an outhouse in Redondo Beach.
LAX Room 2: I could probably notice a 3-inch encroachment. So it’s on a case-by-case basis.
Dove night: Thank you.
LAX Room 2: Anyone else?
LAX Room 2: I think I covered everything for adverse possession. Did I miss anything that, … Go on?
LAX Room 2: As far as lecture only?
LAX Room 2: Okay, we then turn to the casebook, page 73, Acquisition by Adverse Possession.
LAX Room 2: I was probably gonna be going through this a bit quicker.
LAX Room 2: Than I typically do. In the interest of time, I do apologize.
LAX Room 2: I don’t, … I’m not a very big proponent of common law.
LAX Room 2: So, the times of, like, Game of Thrones cases, I don’t care about, okay?
LAX Room 2: or when, you know, the Bill of Rights or the Constitution was written. I don’t care about, really, those types of cases, okay?
LAX Room 2: But I encourage you to read them because they do provide historical context, okay?
LAX Room 2: … The only thing I really…
LAX Room 2: care about, insofar as the free iPhone, …
LAX Room 2: pre-iPhone common law days is that the statute of limitations period is… 20 years.
LAX Room 2: You know, I think there’s probably students in this class that were born while the iPhone
LAX Room 2: was around. They don’t know what pre-iPhone even is.
LAX Room 2: How about that?
LAX Room 2: How about that?
LAX Room 2: Anyways…
LAX Room 2: Okay.
LAX Room 2: What you want to extract, as well.
LAX Room 2: is the fact that adverse possession was not created to reward a trespasser. The law is never gonna reward a trespasser. Otherwise, I’m gonna go to your house.
LAX Room 2: I’m gonna go through your stuff, and I’m gonna take it!
LAX Room 2: That’s residential burglary! That’s a strike in California! That’s state prison!
LAX Room 2: So, the law’s never gonna be written to reward me for going into your house and looking through your stuff.
LAX Room 2: Adverse possession came about to punish
LAX Room 2: The true owner for sleeping on their rights.
LAX Room 2: Page number 77, note number 4, regarding the length of the statute of limitations for adverse possession, 20 years!
LAX Room 2: Used to be common law, but modern trend is shortened.
LAX Room 2: This to something in the order of 6 to 10 years, although 3 to 30 years.
LAX Room 2: Below that, You’ll notice the elements of adverse possession, which is in the last paragraph.
LAX Room 2: And going into page 78. I highlighted it in pink to make it nice looking.
LAX Room 2: But you have the rules, and you have the elements of adverse possession.
LAX Room 2: Now, notice, though, it does say entry, and I say actual.
LAX Room 2: So, actual requires some type of physical entry. Remember, you can’t trespass the eyes.
LAX Room 2: Okay? I can’t be on a sidewalk, and you… I can’t be arrested for trespass looking at your property from a sidewalk.
LAX Room 2: He keeps, like, looking at my house from the sidewalk! No, it’s not gonna happen.
LAX Room 2: Hey, ain’t gonna happen. Sorry.
LAX Room 2: Just close your eyes.
LAX Room 2: Then, Vulkenberg versus Lutz.
LAX Room 2: Now, I’m happy to do this, but I welcome any volunteers, because, you know, it’s been a while since I’ve looked at this, I need help, I’m not perfect, and I don’t know what I’m doing, I don’t know what I’m saying, and I need you to help me.
LAX Room 2: So I’m looking for someone to help me.
LAX Room 2: Because maybe I’m just not a good teacher.
LAX Room 2: To be limited.
LAX Room 2: This is a minority view. This is the minority view. Okay. Minorities.
LAX Room 2: to New York, I think it’s fewer.
LAX Room 2: Yep.
LAX Room 2: And this jurisdiction has some type of a requirement that The land… what?
LAX Room 2: Build something?
LAX Room 2: Minority View Case.
LAX Room 2: Everybody wants to volunteer?
LAX Room 2: Did anyone just tell me what happened? I promise I won’t ask you anything more than what just happened.
Avi Omrany: I… I can do it, Professor.
LAX Room 2: Oh, wow!
LAX Room 2: Thank you.
Avi Omrany: Okay, the…
Avi Omrany: The Lutz family openly used and cultivated a triangular lot of land next to their home for more than 30 years. They grew vegetables, built a shed, and used it as a pathway. However, they never held a deed to the lot.
Avi Omrany: Van Volkenberg purchased the record of title and sued the Lutz for trespass, and then the Lutz argued that he had acquired the land by adverse possession.
LAX Room 2: Alright.
LAX Room 2: Loose.
LAX Room 2: Well… Let me ask the general question for everyone.
LAX Room 2: The adverse possessor… oh, by the way, there is discussions in this book of a prescriptive easement. Don’t worry about that. We will learn all about that next semester. So if you make the mistake of taking me for Property 2 in the spring, we will discuss all about that.
LAX Room 2: For now, let’s just stick with adverse possession.
LAX Room 2: So, what was going on on this land that the party was claiming they adversely possessed? What were they doing on it?
LAX Room 2: What were they… they were situating themselves, and what were they doing on it?
Avi Omrany: They were….
LAX Room 2: By the way, I’m not asking you, but if you want to answer that, go right ahead, but I’m just asking anyone in general.
Avi Omrany: Oh, sure, it was a good practice. They were using the land day by day. They had a vegetable garden on it, they built a small shed on the property, and they used that for storage, and then there was also a pathway that they used, from the lot to get from, like, one street to another.
LAX Room 2: So there’s a path, and then there’s some type of shed
LAX Room 2: We’re gonna store my stuff in.
LAX Room 2: And I think there was, like, some type of, like…
LAX Room 2: Was there chickens, or was there, like, an attempt to grow something?
Avi Omrany: Yeah, there was a vegetable garden.
LAX Room 2: But noticeably, a vegetable garden. Yuck.
LAX Room 2: … …
LAX Room 2: Noticeably, the party didn’t really make use of the land. There was miscellaneous activity.
LAX Room 2: And they weren’t really using this land as a reasonable owner would under the circumstances.
LAX Room 2: And this court did not note that There was no enclosure.
LAX Room 2: indicating that this is mine. There was some type of fence involved.
LAX Room 2: There was just miscellaneous.
LAX Room 2: things going on, and I hope I’m not making this up in my insanity brain, but I do seem to recall, when I read this case 12 years ago, that there was junk.
LAX Room 2: On the property?
LAX Room 2: junk on the property. So I’m gonna buy a home. Okay, I’m buying a house. Where’s my house? Where… I need a place. Where’s the house? Inglewood. In Englewood. I buy a house in Englewood, and oh, I’m so happy, I bought this place.
LAX Room 2: It’s a dirt lot, but what I’m gonna do is I’m just gonna have water balloon fights, and, you know.
LAX Room 2: Just have a bunch of, like, chairs.
LAX Room 2: on it.
LAX Room 2: Am I using the land like a reasonable owner would?
LAX Room 2: Yeah, everyone has water balloon fights.
LAX Room 2: Right? I had, like, 2 today.
LAX Room 2: Anyways, no, chances are they’re going to make use of that land. They’re going to build something. They probably will have a fence, right? They probably will have
LAX Room 2: like a structure, what we typically call to be a house. It is an enclosed, where we keep our stuff, okay? And then what do you do? You have to lock that, otherwise people could come in and take your stuff.
LAX Room 2: K.
LAX Room 2: And then what happens when you have
LAX Room 2: More stuff than you got space.
LAX Room 2: You need to go out and buy a bigger piece of property. Why? But fit more stuff, or more of your stuff in.
LAX Room 2: And then when that gets overfilled, what do you do?
LAX Room 2: You take it to a company.
LAX Room 2: Where they get paid to keep an eye on your stuff.
LAX Room 2: really deep, if you know where I’m getting that from.
LAX Room 2: But nonetheless.
LAX Room 2: Notice that it’s living. You’re living on the property, you’re making use of the property, you’re using the property like a reasonable owner would, and if I am in Englewood, I’ll probably have a fence. I don’t want to share that I’ll have a neighbor’s dog run on my lawn or our lawns. Get off my lawn.
LAX Room 2: Right? So I gotta build a fence.
LAX Room 2: Or maybe I want to, you know, suntan in the backyard, I don’t want people to see me. I build a fence, right? So there’s some type of enclosure of some sort, right?
LAX Room 2: So I’m using this land like a reasonable owner would. But if you compare that type of, occupancy with what’s going on here, we just have people that have useless, miscellaneous activity. We got this shed right here, who knows what’s inside.
LAX Room 2: Maybe a body? I don’t even know. And then we have junk, we have an attempt of some sort at a vegetable garden.
LAX Room 2: It’s miscellaneous activity, and it’s almost hard to determine if someone actually is residing here, what’s going on here.
LAX Room 2: Is this, like, a meth house? What’s happening here?
LAX Room 2: Right?
LAX Room 2: So, in the minority, which is New York in this jurisdiction, they do have this requirement of it has to be enclosed. Did I put that in my perfect outline notes?
LAX Room 2: It might be in red.
LAX Room 2: Thanks.
LAX Room 2: Under actual Because that is what we’re getting from this case, is actual.
LAX Room 2: Actual entry.
LAX Room 2: does this satisfy the actual entry element of adverse possession? So does anybody….
Tadey Mirzakhanyan: Not on your guideline, but it is an example.
LAX Room 2: It’s not there?
Tadey Mirzakhanyan: Under actual, no. But under your examples, yes. It says Oren closed it.
LAX Room 2: This is minority jurisdiction.
LAX Room 2: Don’t have it anywhere?
LAX Room 2: Alright.
LAX Room 2: I guess that is some proof that I’m not perfect.
LAX Room 2: But, what we are extracting from this case is making use of the land, that it must be sufficiently enclosed.
LAX Room 2: And that’s part of the rationale.
LAX Room 2: This is a minority view, Gates.
LAX Room 2: Questions?
LAX Room 2: Yes.
LAX Room 2: Look on page 84, right in the middle, similar, the garage encroachment extending a few inches over the boundary line fails to supply proof of occupation by improvement.
LAX Room 2: Let’s go to the notes on page.
LAX Room 2: 89, note number 1, right in the middle, just kind of says occupation under a claim of title, which supports to include hostile claims.
LAX Room 2: under a claim of title. This is mine.
LAX Room 2: … Importantly, on page 89,
LAX Room 2: where we are, and note number two, it goes into state of mind. This is discussing hostile.
LAX Room 2: Hostile.
LAX Room 2: You know what I think I forgot to discuss in this case? I do apologize. I think they also did discuss hostility and what is the requirement for it.
LAX Room 2: It’s okay.
LAX Room 2: If we go on 89, note number 2, that second part of note number 2, the second paragraph under state of mind, it’s going to give you 3 scenarios, okay?
LAX Room 2: I thought I owned it!
LAX Room 2: What is the requirement for a state of mind? A good way to approach the inquiry is in terms of state of mind required of the adverse possessor. With respect to existing doctrine, it reflects three different views. State of mind is irrelevant, which is the majority view. That’s majority. That’s the one you follow. That’s the one you talk about on the exam, and that’s the one you conclude with.
LAX Room 2: That is the shot collar. Number two, the required state of mind is, I thought I owned it. That’s kind of more of a good faith belief.
LAX Room 2: Three, the required state of mind is, oh.
LAX Room 2: I thought I owned it, but…
LAX Room 2: I thought I didn’t own it, but intended to make it mine, so I wanted to take it from you.
LAX Room 2: Okay?
LAX Room 2: So, importantly, just what you need to extract is an individual adverse possessor, the state of mind is irrelevant. So, if I believed it was my land, or I wanted to take it from you, it doesn’t matter.
LAX Room 2: The analysis focuses on, did the adverse possessor have permission?
LAX Room 2: If no permission, then they are a trespasser. If they’re a trespasser, then that’s when…
LAX Room 2: They are deemed, they have adverse occupancy.
LAX Room 2: Down below, …
LAX Room 2: basically, fourth line, fourth and fifth line from the bottom. We have long held that state of mind of the claimant is not relevant to a determination whether the possession of land is non-permissive.
LAX Room 2: The second view is good faith.
LAX Room 2: Let’s just jump into… I believe it’s Menillo versus Gorski.
LAX Room 2: Gorski.
LAX Room 2: New Jersey! Anybody been to New Jersey? Has anyone been there? I was in New Jersey in June, on a case. I fly out there.
LAX Room 2: First time in Jersey.
LAX Room 2: Now, I don’t want to offend some people, but I really don’t care. And what I really want to say is, Newark?
LAX Room 2: Not special.
LAX Room 2: And two, the food is not good. I’m sorry, you will never, ever, ever be able to change that mind. The food just isn’t good. Oh, you didn’t try this restaurant? Look.
LAX Room 2: I asked the judge what is the best restaurant in all of Newark. It was not good.
LAX Room 2: It’s just not good. And there is nothing you will ever do or say to make me change my mind. Bad service, too. Bad service.
LAX Room 2: It’s true. It is.
LAX Room 2: Now, That may be on the final.
LAX Room 2: No, it won’t.
LAX Room 2: So, Menillo versus Gorski. I believe I pronounced that correctly. I think Gorski is Russian.
LAX Room 2: No! Didn’t it?
LAX Room 2: Nice.
LAX Room 2: I don’t… it’s not Polish.
LAX Room 2: Who cares?
LAX Room 2: Did anyone tell me what happened here?
LAX Room 2: Well, it’s dealing with the open and notorious.
LAX Room 2: element.
LAX Room 2: Right?
LAX Room 2: There were some steps that were installed.
LAX Room 2: And these steps invaded the adjacent property.
LAX Room 2: by… 14 inches, if I’m not mistaken?
LAX Room 2: Is it 14?
LAX Room 2: It’s 15. 15.
LAX Room 2: 15 inches.
LAX Room 2: The question becomes… Is that open and notorious enough?
LAX Room 2: So, should a reasonable, true owner, under the circumstances, be able to recognize adverse occupancy of 15 inches?
LAX Room 2: wealth?
LAX Room 2: My personal opinion is that it depends.
LAX Room 2: I think the size of the property is a relevant factor. Obviously, if I just purchased a porto potty in Manhattan Beach.
LAX Room 2: 15-inch encroachment in my porto potty.
LAX Room 2: Property is probably noticeable.
LAX Room 2: You said no? Not necessarily. If it’s… Okay, hold on!
LAX Room 2: Like, a… a…
LAX Room 2: Yeah. Yeah. 15. Wait, did I hear you correctly? Porto, potty, you go to a concert, sometimes they’re outside, you know, so they have them at Coachella, whatever.
LAX Room 2: No, what… It goes like this. It’s, like, this big.
LAX Room 2: You’re saying if it’s over 15? I’m saying if someone is encroaching on your property.
LAX Room 2: and your property is the size of a porta potty in Manhattan Beach. Is a 15-inch encroachment gonna be visible?
LAX Room 2: noticeable.
LAX Room 2: I’m… I’m not understanding, like… That’s okay. How’s this? Let’s suppose I live on this desk right here. Okay.
LAX Room 2: I live on this desk.
LAX Room 2: I live here.
LAX Room 2: I sleep here, I eat here, I have Thanksgiving here.
LAX Room 2: It’s a little snug, but I, you know, it’s cozy.
LAX Room 2: I even go to the bathroom here.
LAX Room 2: Stop!
LAX Room 2: If you… invaded my property by 15 inches, am I gonna notice?
LAX Room 2: That one’s stuck, yes. Yes.
LAX Room 2: But, if I lived… in, gosh, diddly yarn, 60 acres in Arkansas.
LAX Room 2: and I had a 60-acre swamp in Arkansas, and you invaded my Arkansas property by 15 inches.
LAX Room 2: Is that typically going to be visible or noticeable?
LAX Room 2: No.
LAX Room 2: Okay, so the size of the property, in my opinion, is a relevant factor, right?
LAX Room 2: So, in this situation, it was 15 inches.
LAX Room 2: The problem, though, Is that 15 inches, in accordance with this particular property, Didn’t really catch someone’s eye.
LAX Room 2: As a property owner, yeah, you’re gonna have no, you know, property lines, but you’re not gonna know the exact property lines.
LAX Room 2: And in this instance, a 15-inch encroachment isn’t going to capture the eye. It’s almost a typical eye, a typical person looking at this is not going to be able to recognize adverse occupancy.
LAX Room 2: And I believe that this adverse occupancy wasn’t truly discovered until the land was actually surveyed.
LAX Room 2: And it was upon the survey of the land that it was discovered that there was adverse occupancy.
LAX Room 2: It’s too much of a de minimis encroachment to raise notice and awareness of immediate adverse occupancy to comport with the requirements of open and notorious.
LAX Room 2: Make sense?
LAX Room 2: Now, does open a notorious… let’s go to hostile. Oh, but we thought it was our property, we’re so sorry. And this jurisdiction requires, …
LAX Room 2: What?
LAX Room 2: I mean, let me just ask you all of this.
LAX Room 2: What does adverse possession require insofar as hostility?
LAX Room 2: Does it say that I need to know this is my land, or I thought this was my land, or I wanted to take your land? What is required for it?
LAX Room 2: You know, I hear a noise right here, but there’s no one in the world that could ever be able to know what that is.
LAX Room 2: Thankfully.
LAX Room 2: What? A good staplee? I don’t think they can hear you. A good staplee?
LAX Room 2: Is that what it says?
Tadey Mirzakhanyan: You must own the… oh, actually, it’s not sponsoring, never mind.
LAX Room 2: Is that a good faith claim of title?
LAX Room 2: Did I say that? I mean, what’s the majority view?
Tadey Mirzakhanyan: Possessor must possess the land without owner’s possession, and intend to claim the land as his or her own.
LAX Room 2: Okay, but what is required of the majority view for hostile? What’s the state of mind? It’s irrelevant! Okay? It’s just adverse occupancy!
LAX Room 2: Sorry, I don’t care if I was intentionally invading, I don’t care if I was accidentally invading, there was an invasion! Sorry!
LAX Room 2: Take that, New Jersey.
LAX Room 2: So, number 197, most jurisdictions have abandoned the main doctrine
LAX Room 2: I think the notes for, …
LAX Room 2: The notes for this casebook are particularly important. Can’t say the same for contracts.
LAX Room 2: But I do think that the myths in this book are very, very important, okay?
LAX Room 2: Howard v. Kunto, Court of Appeals of Washington.
LAX Room 2: Yes, remember this.
LAX Room 2: The best way to look at this one, and if you read the facts and you were confused, it’s okay, okay? They’re very confusing.
LAX Room 2: So the best way that I kind of look at this is to just draw, like, a peace sign. Oh, peace! Yay! Peace! World peace! And then just kind of think there’s A, B, and C,
LAX Room 2: And everyone believes their land is theirs, but they’re actually living on their adjacent neighbor’s property. So it’s like, everyone
LAX Room 2: Is adversely possessing themselves.
LAX Room 2: Okay?
LAX Room 2: This is an important case.
LAX Room 2: The… for two reasons.
LAX Room 2: We really want to get into tapping.
LAX Room 2: And… Continuous.
LAX Room 2: infectious. Continuous. Continuous.
LAX Room 2: Term of yours.
LAX Room 2: So, in this situation, for example, A, A as, like, Apple! Yay!
LAX Room 2: … Let’s supposing A.
LAX Room 2: This is, Mammoth. You go to Mammoth, you go snowboarding, yahoo, okay?
LAX Room 2: Or skiing, whatever.
LAX Room 2: You’re adversely possessing someone’s property.
LAX Room 2: You don’t know it, because you’re adversely possessing seized property, but you’re… whatever.
LAX Room 2: Adverse possession requires no interruption, right?
LAX Room 2: It’s just constant.
LAX Room 2: Occupancy.
LAX Room 2: But what A would do is A would only use the land 3 months out of the year, from January to, let’s say, April.
LAX Room 2: the other… 8 to 9 months.
LAX Room 2: A would be in… Where?
LAX Room 2: a different house, somewhere else. Let’s say Santa Monica. Yeah. Oh, well, okay. Santa Monica!
LAX Room 2: Yahoo!
LAX Room 2: So, the question is… If A is only at the location here, 3 months out of the year.
LAX Room 2: How can A, if A can, fulfill The requirement of continuous occupancy.
LAX Room 2: I have court tomorrow, so I’m in a bad mood.
LAX Room 2: he had the intent to return, right? Who’s he? Or…
LAX Room 2: The person. I forgot. In this example? Yeah, A. Apple. So you said he. Or she. I forgot. There’s nothing here that said A is a he. A could easily be a she.
LAX Room 2: I mean, I’m offended.
LAX Room 2: Last time I checked, women can own property, too. Let’s try to have some gender equality.
LAX Room 2: It’s he or she.
LAX Room 2: Word.
LAX Room 2: They?
LAX Room 2: or a cat.
LAX Room 2: Yeah.
LAX Room 2: How about that? Cue the offended people.
LAX Room 2: Anyways… Eddie.
LAX Room 2: So what were you saying?
LAX Room 2: That he has the intent to return.
LAX Room 2: So it’s a he. Okay, so why… so why would you say… so let’s just pretend that A is born a biological male, and identifies as a man. Now.
LAX Room 2: A, goes to Santa Monica, but comes back. So, why would, A,
LAX Room 2: Satisfy the requirement of continuous occupancy.
Sennett Devermont: Because he goes back every year for a decade.
LAX Room 2: I mean, well, I could visit Bucharest, Romania, right? I mean, I go there all the time.
LAX Room 2: I’m looking for vampires!
LAX Room 2: It’s vacation, though, right?
LAX Room 2: Well, first off, you both are correct.
LAX Room 2: This would not qualify as an abandon.
LAX Room 2: Because the individual returned every season.
LAX Room 2: And there are facts to show that there was constant upkeeping of the property, like hiring gardeners and stuff like that year-round, okay? So there is no evidence of abandoning the property. There’s a constant
LAX Room 2: Occupancy.
LAX Room 2: But what makes this case interesting is that you can’t… People!
LAX Room 2: live in other areas. Don’t you have the friends that you hate that say, I live in New York one year, then Miami, and then other parts of the season? I’m in Hawaii, and then, you know, I think I live in, you know, Tokyo some of the year.
LAX Room 2: My friend does. I hate her, but that’s what she does, okay?
LAX Room 2: I don’t know, we’re gonna be living in Miami for the next 2 months. Then we go to our house in the Hamptons.
LAX Room 2: Why don’t you adopt me?
LAX Room 2: Anyways… What you have to look at is the characteristic of this property.
LAX Room 2: Is this typically used as a vacation home to go skiing? Mountains?
LAX Room 2: Or… a lake.
LAX Room 2: Like, I have a home in Lake Tahoe, and maybe you like to go there in the summertime.
LAX Room 2: Because it’s warmer.
LAX Room 2: Right? So what is the characteristic of this area in general? And if it’s commonly used for seasonal use, that may satisfy the continuous requirement, because it’s used by
LAX Room 2: Consistently, during the season, it’s… this area is most commonly, Populated or used for.
LAX Room 2: mountains for skiing, for example, beach house, etc, etc, etc. And since A, for example, did, …
LAX Room 2: Constantly upkeep the property by hiring gardeners and blah blah blah.
LAX Room 2: That did satisfy the continuous occupancy requirement.
LAX Room 2: Makes sense.
Dove night: So he’s satisfied… may I ask the question? He satisfied it because he continues to live there for those 3 months, for several years?
LAX Room 2: Well, it’s just constantly, yeah, every… it’s seasonal use. And this person is occupying this property, typically how, a reasonable owner would that would use it seasonally.
Dove night: Thank you.
LAX Room 2: It’s like, I live in Whittier, California, but I only like to go there during the fall, because Whittier is so beautiful in the fall.
LAX Room 2: I mean…
LAX Room 2: the problem is, is that Whittier is not known, and it’d be very hard to convince people to say it’s… you only go there for the fall, okay?
LAX Room 2: Questions?
LAX Room 2: … Oh, and then there is…
LAX Room 2: different owners. So, for example, A were to sell to someone else, this is bringing up tacking.
LAX Room 2: And there is a section in this opinion
LAX Room 2: And I can’t quote it off the top of my head, because I’m not that perfect, but there is a quote discussing a deed running between successive adverse possessors.
LAX Room 2: The deed running between them?
LAX Room 2: is an instrument.
LAX Room 2: Okay? That instrument is legally recognized.
LAX Room 2: So there is some form of buyer and seller privity.
LAX Room 2: establishing hacking.
LAX Room 2: So it’s like A sells to D.
LAX Room 2: So, it’s tacking A’s time with D’s time.
LAX Room 2: Arriving to 10 years.
LAX Room 2: Or whatever it is. Howard’s versus couldn’t go. Questions?
LAX Room 2: I have to go a bit quick in the interest of time, but I want to go into adverse possession of chapels now. So that completes adverse possession. Hey, that’s easy! Adverse possession’s easy.
LAX Room 2: I will not make it easy on your final. I will make you think it’s easy.
LAX Room 2: But be suspicious, okay? Be very suspicious.
LAX Room 2: If you complete an exam that I wrote, Okay?
LAX Room 2: Never, ever think, I just got an A in property. I guarantee you, you’re getting screwed.
LAX Room 2: Oh, I’m gonna have a really good, winter break. I think I got an A in property. I just, like, I just crushed that class. Good luck.
LAX Room 2: …
LAX Room 2: It’s usually the exams where you hate me, you want to try to get me fired, stuff like that. It’s not fair, that you actually do better on.
LAX Room 2: The standard is much lower.
LAX Room 2: It’s the exams that just absolutely crush you.
LAX Room 2: Because they crush everyone, so the standard is much lower. But if it’s an easy exam, it’s easy for everyone.
LAX Room 2: So the standard’s much higher. So, like, one sentence could make the difference of, like, a letter grade.
LAX Room 2: I do typically have a grader as well that helps me. She’s a former student of mine, …
LAX Room 2: She was very young when she was in my class, I think she was 19. She has no remorse, she has ice water running through her veins.
LAX Room 2: Big time, okay? I know what the students do, I know they’re going out all the time, blah blah blah blah blah blah blah, no remorse, but she gave two A’s last semester, and I approved him.
LAX Room 2: So, she does have some warmth to her.
LAX Room 2: And I think it was to that, guy, Nicholas.
LAX Room 2: He just told me he got an A. He got an A. He just told me over the weekend. I couldn’t believe it. Didn’t see it coming. So find him. Find out who he is, if you don’t know him. Stalk him on TikTok, or whatever it is that you do, okay?
LAX Room 2: And get him to mentor this class.
LAX Room 2: Because, look, I’ll say it again. I straight up…
LAX Room 2: trampled on that student’s spirit. Every single class in property for an entire year, an entire year, he raised his hand. And you know what I said?
LAX Room 2: Somebody has their hand raised.
LAX Room 2: And it never dissuaded him, and he kept going. At the last class, I vowed, I commended him.
LAX Room 2: Stole my heart. Anyways… adverse possession of channels, okay? It is the same thing.
LAX Room 2: Except it involves chattels. A horse is a chattel!
LAX Room 2: grandmas… precious china that she bought at CVS and has been fooling you.
LAX Room 2: is chattel.
LAX Room 2: Your cat is part of the family! Oh, that cat is still a chattel!
LAX Room 2: Your casebook is a chattel.
LAX Room 2: The computer you are looking at, or you should be looking at right now, or the phone you’re actually looking at right now, is a channel
LAX Room 2: No.
LAX Room 2: a chattel.
LAX Room 2: Can be adversely possessed.
LAX Room 2: Okay?
LAX Room 2: But this is a bit tricky.
LAX Room 2: Because you can’t just, like…
LAX Room 2: Is that yours? I’m taking it. This is mine now. This is MY water now.
LAX Room 2: That’s theft! I go to jail!
LAX Room 2: This part is designed more for good faith.
LAX Room 2: Recipients of property.
LAX Room 2: We’re kind of like they didn’t know.
LAX Room 2: I bought this legitimately off someone.
LAX Room 2: How am I supposed to know?
LAX Room 2: I didn’t know this was stolen. I didn’t know this Rolex was stolen, even though I bought it for 8 bucks.
LAX Room 2: I thought I was just getting a good deal.
LAX Room 2: No, that ain’t gonna work, alright?
LAX Room 2: So, in O’Keefe, we have a situation here.
LAX Room 2: Where there was a painting, and there’s a lot of sketchy facts and testimony here. That, you know, maybe it wasn’t stolen, maybe it wasn’t lost, and who actually the true owner was. We don’t really know entirely.
LAX Room 2: But there was a painting, right? And that painting somehow went missing. The Mona Lisa went missing!
LAX Room 2: Good ol’ Mona’s gone.
LAX Room 2: No.
LAX Room 2: That painting was subsequently discovered somewhere, right?
LAX Room 2: Where was the Mona Lisa? It was not the Mona Lisa, but where was the painting discovered?
LAX Room 2: there… there’s two people with their hand raised. So why don’t we have, like, two people say things?
LAX Room 2: At the same time. Two of the paintings were missing from, or were, like, they ended up…
LAX Room 2: How about both?
LAX Room 2: They were missing from the gallery.
LAX Room 2: This is in 1975, she learned that the paintings were in Snyder’s New York Gallery.
LAX Room 2: The gallery.
LAX Room 2: But the allegation was the paintings were in someone’s home?
LAX Room 2: If I’m not mistaken?
LAX Room 2: I figured it’s deal.
LAX Room 2: I think that was fruit. What is that?
LAX Room 2: What are you holding? What is that? What… I need to know, what is that? It’s the book, but in paper form, like, little… You made that? Did you make that yourself? Yeah. You made that book yourself? Yes, with paper and staples. It’s very… you could do it too.
LAX Room 2: paper. Wait, is that this?
LAX Room 2: No, that is the book. This is the book. He’s got a point. The book. Did you do that, though? Did you do it with that? I also have that. Yeah, I also have that. Anyway, I just wanted to kind of throw that out there, but the people… the people that are actually tuning in from the Matrix have no idea what we’re talking about right now, but I had to ask, I’ve been looking at that all night.
LAX Room 2: Anyways, go ahead, go ahead.
LAX Room 2: I lost my train of thought after that.
LAX Room 2: He asked, where was it sold?
LAX Room 2: Where was the painting originally from?
LAX Room 2: New York. Yeah, New York. That’s a small place, anyways.
LAX Room 2: … So… If someone loses something, and something is taken from me.
LAX Room 2: How is it fair that the adverse possession clock runs against me?
LAX Room 2: So it wasn’t reported.
LAX Room 2: Wasn’t reported, I didn’t do anything, right? The Mona Lisa is gone!
LAX Room 2: Where did it go! Yeah. Question. So, let’s say, for example, like, you have, like, a gallery with… you hire, like, when you’re… I don’t know, you… you don’t live near the gallery, so you hire, like, people to watch it, maintain, whatever? Yeah, yeah, yeah, yeah.
LAX Room 2: And, like, you know, you have a lot of paying, so it makes sense you hire employees. And you’re… you go through and you see, like, one of the…
LAX Room 2: The… the painting’s missing.
LAX Room 2: Who… blame your employees, or would that be, like, your fault?
LAX Room 2: You have a gallery, you have employees, the Mona Lisa is gone, right?
LAX Room 2: So what’s the question?
LAX Room 2: Seems like a torch. But it’s, it’s the Mona Lisa’s mine.
LAX Room 2: Correct. Right?
LAX Room 2: So what’s the question exactly? Is it my fault the Mona Lisa is gone?
LAX Room 2: the employees, I think, is what he’s referring to. Like, is it their fault or my fault? Because it’s like, it’s like, it’s their obligation, like, it’s their job to, you know, maintain, for, like, watch over everything. I mean, I would assume so, it’s like, you know, you have a…
LAX Room 2: Bank, he probably puts, you know, a gun or a murder weapon or something in some type of safe deposit box at a bank, right?
LAX Room 2: The bank has to watch your stuff.
LAX Room 2: I think it was a transition.
LAX Room 2: Are you blaming liability, like, on…
LAX Room 2: Well, like, what if we hire, like, a security company, like, on a contract? Then they are a branch of you, I would assume.
LAX Room 2: Even if I’m an agent of you.
LAX Room 2: Even if you hire, like, a separate, like, security company, to… The same thing?
LAX Room 2: True.
LAX Room 2: if I’m a… if I own a bar in Hollywood, and I have bouncers.
LAX Room 2: And they break a beer bottle over your head.
LAX Room 2: He’s just gonna sue the individual balancer? Is he gonna sue me and the bar? We didn’t do anything wrong! It’s that guy that we hired and we paid!
LAX Room 2: I see.
LAX Room 2: So, going back, how is it fair
LAX Room 2: to have the clock tick against me if… Something is stolen.
LAX Room 2: How am I supposed to find it?
LAX Room 2: Why don’t you just go knock on people’s doors?
LAX Room 2: Right?
LAX Room 2: So it’s a bit unfair to say, well, wait a second, …
LAX Room 2: How do you… how… what is the statute of limitations period here? How do you calculate this out?
LAX Room 2: Right?
LAX Room 2: The question turns on, what did the true owner do?
LAX Room 2: You lost the Mona Lisa.
LAX Room 2: But did you make a reasonable, good faith effort to locate it? Did you put out, advertisements? My mother would say advertisements.
LAX Room 2: Did you go door-to-door, knocking on people’s doors, looking for the Mona Lisa?
LAX Room 2: Did you work with the police? Did you do this? Did you make efforts to locate it?
LAX Room 2: And if you did make efforts to locate it, and it’s been constant and reasonable, the clock will pause.
LAX Room 2: But if you sit back, like this…
LAX Room 2: Oh, I wish it just comes back one day! You don’t do anything.
LAX Room 2: And it’s gonna just… TikTok against you.
LAX Room 2: So the question becomes, in this case, is did the quote-unquote true owner, which was very suspicious in of itself, use reasonable efforts?
LAX Room 2: If so, the clock is paused. If not, the clock ticks.
LAX Room 2: But hooray, the Mona Lisa was found, and it’s saved!
LAX Room 2: Questions?
Dove night: I asked a question, so… If the true owner makes a good faith effort.
Dove night: To find it, then the clock will pause, but if they don’t, then it will tick against them.
LAX Room 2: Yeah.
LAX Room 2: But it’s efforts, so that you can’t just say, hey, I looked under a couple of rocks at the beach for Mona Lisa, and it wasn’t there, so I use reasonable efforts. No.
LAX Room 2: I think it’s a collection.
LAX Room 2: of efforts.
LAX Room 2: Then it is just a single effort.
Dove night: Yeah, thank you.
LAX Room 2: Questions?
gevorg kulikyan: Question, Professor.
LAX Room 2: Yep.
gevorg kulikyan: So let’s say the true owner reported it to the police.
gevorg kulikyan: and the police have a continuous effort, does that still stop the clock? Or does the true owner need to continuously make.
LAX Room 2: What did the police do, though?
LAX Room 2: Because, like, I lost 20 bucks a couple years ago, and I did file a police report because I lost 20 bucks. And, you know, I keep calling the police department, LAPD, like, every week if they have any new leads.
LAX Room 2: The question becomes is, you’re delegating it to the police, but are there things that you could do on your… on your own? Could you contact other galleries? Could you hire a private investigator?
LAX Room 2: Can you go door-to-door knocking?
gevorg kulikyan: Okay, so let’s say a private investigator. Does the private investigator’s efforts still constitute my efforts?
LAX Room 2: Sure, absolutely. They are, an agent of you.
gevorg kulikyan: Absolutely.
LAX Room 2: Anything else?
LAX Room 2: Anything else?
LAX Room 2: I’ve never tested this before.
LAX Room 2: Anything else?
LAX Room 2: I’m gonna move into gift, okay? And I’m gonna keep you here till 9.30, I’m so sorry. But I am, okay?
LAX Room 2: Gift.
LAX Room 2: I’ve never tested GIFs, I’ve never seen this tested.
LAX Room 2: It typically is in community property, so if you think community property with… Thank God.
LAX Room 2: Professor Zan?
LAX Room 2: … We don’t have gifts, because husband, wife, or friend gifts something, but let’s make it…
LAX Room 2: Let’s spice things up.
LAX Room 2: What is… what is your name? Clarissa. Clarissa, okay? I’m just gonna use you as an example, okay? And I don’t want you to take this personal, and I don’t want you to think that I’m… I’m… I’m real about this, okay? But Clarissa…
LAX Room 2: You are absolutely lovely. Baby, you are sweet. I love you. I want to spend the rest of my life with you. I show you a ring, and I say, will you marry me? He’s saying I could receive my ring.
LAX Room 2: Sorry. I give you the screen.
LAX Room 2: I will take good care of you.
LAX Room 2: And you take the ring.
LAX Room 2: Yes, we’re gonna be together forever, we’re not gonna be like the other 70% of the population that gets divorces and ends up in 911 calls. We’re not gonna end up like that. They’re all different than us.
LAX Room 2: We are way different than everyone else.
LAX Room 2: Anyways, so you get really excited, and, you know, you go on Instagram, and you take photos, you know, and you don’t want to make it obvious, so you kind of have the ring on your hip like this, but you make it really obvious that you have a ring there, but you don’t want to say it, but you want it obvious, blah blah blah.
LAX Room 2: Anyways… We are just, like, living it up, we’re great, we’re getting married. Oh, God! Life is great!
LAX Room 2: And then, all of a sudden, no one could ever possibly, in the history of life in
LAX Room 2: God. No one could see this coming. We somehow, hell has frozen over. We break up.
LAX Room 2: It never happened. Happened. Ugh.
LAX Room 2: Anyways…
LAX Room 2: What do you do with the ring?
LAX Room 2: What do you do with the ring?
LAX Room 2: What do you do with that ring?
LAX Room 2: Keep it. You’re keeping it. You’re keeping it? You’re keeping it. Just ring his mouth.
LAX Room 2: This ring is all mine. You gave it to me.
LAX Room 2: Okay.
LAX Room 2: But, but, but, but, wait, wait, wait, wait, wait, wait, wait. What happens if you cheated on me, though?
LAX Room 2: Still keeping it. You’re still keeping it then. I cheat on you, but I’m still keeping it.
LAX Room 2: Take it to the phone shop. You, so you’ll keep the ring?
LAX Room 2: Well, I mean, I didn’t know we were, like, exclusive. I know we’re getting married, but, you know, it’s, you know, 2025, and there’s a lot of things going on in marriages now, like…
LAX Room 2: So what do you do with the ring?
LAX Room 2: What if the ring was, like, $30,000?
LAX Room 2: Was there a reason that caused that?
LAX Room 2: What do you do with the ring?
LAX Room 2: You keep it. You keep it.
LAX Room 2: But is… it’s a gift! It was a gift! You gave it to me!
LAX Room 2: But it was a bit contingent, right? That, you know, you would marry me.
LAX Room 2: Right?
LAX Room 2: Because I did say, sweetheart, I love you to death. We’re not gonna be like those other peasants that get divorces. We’re gonna be different. We’re gonna be together forever.
LAX Room 2: What happens to that ring?
LAX Room 2: It’s a gift!
LAX Room 2: Well, it depends. Who cheated on who?
LAX Room 2: Right? If I cheated on her, she’s definitely keeping it. What happens if she cheated on me?
LAX Room 2: That doesn’t change that it was a gift. Doesn’t change anything, right? Because she could have cheated on me with a duck.
LAX Room 2: Right?
LAX Room 2: She’s gonna cheat on me with a woman!
LAX Room 2: Fascinating.
LAX Room 2: Right? So, that kind of makes things a little bit gray. But nonetheless.
LAX Room 2: I did attach a statement to that ring I was giving you, and I said, will you marry me? So it was almost like a contingent gift, right?
LAX Room 2: And you accepted that with a full understanding that one day you’re gonna have to walk that plane, right?
LAX Room 2: No, I was never gonna marry, I just wanted the ring.
LAX Room 2: The question becomes is, is that a gift? To the point where…
LAX Room 2: It is yours, and there’s nothing I can do about it.
LAX Room 2: I don’t know, but it’s a note in the casebook, so look it up.
LAX Room 2: Real case. Guaranteed it’s a real case. I guarantee you that has been litigated. Yes! Is there enough evidence for someone to keep the ring if there’s, like, a video of them, like, proposing, saying, will you marry me? She says yes. Is that, like, enough evidence, like, alone?
LAX Room 2: For her to keep the ring.
LAX Room 2: It was proof you took it. Just go on Instagram!
LAX Room 2: There’s gonna be evidence all over that thing of some type of proposal, right?
Tadey Mirzakhanyan: I mean, weren’t there have to be factors of what day you gave the ring as well?
LAX Room 2: What’s that?
Tadey Mirzakhanyan: If you married her on, like, if you proposed on her birthday, it could just fall under as a gift, as her birthday gift, even though you proposed.
LAX Room 2: Yes, that’s right. Could be it was a bur… it was a… it was a birthday gift.
LAX Room 2: But I mean, essentially, they did get married, and if… will you marry me? If she did marry him, technically.
LAX Room 2: We’re talking about us, it’s me. I’m getting married, okay? Let’s not forget, me. No, …
LAX Room 2: So she fulfilled her condition. This is not a contract, though, is it? Did we engage in a contract?
LAX Room 2: No, because it’s a special relationship.
LAX Room 2: Okay…
LAX Room 2: Let’s see.
Tadey Mirzakhanyan: Look, I don’t know, guys! You look it up, I think it’s a note in your book. I don’t know the answer, I’m just giving you real-life examples. And I believe it depends on the mount of the ring.
LAX Room 2: It depends on the amount, so you find it in a Cracker Jack.
Tadey Mirzakhanyan: No, no, what I mean by that is if it’s above a sufficient amount, like.
Tadey Mirzakhanyan: Pass your means of income, like, if it’s a regular gift, or if it’s a, like, past a regular mean, as in, like, if you gotta save up 6 months for a ring, or a year for that ring, it doesn’t fall under a gift.
LAX Room 2: So, if the ring is worth 80 bucks.
LAX Room 2: 172, or 71.2 million.
LAX Room 2: Yeah, I’ll take it. I’ll be getting that back. I want that ring back. No, you’re not thinking that.
LAX Room 2: Does someone have their hand raised?
LAX Room 2: I missed the question, but I don’t see how the amount is in any way a relevant factor. It’s a chattel, it could have sentimental value, it could have fair market value, who knows? It’s nonetheless something very important. I’m giving you
LAX Room 2: this chair… That means absolutely nothing to you, but means everything to me.
LAX Room 2: Yes, what if the… like, you, for example, you’re giving the ring.
LAX Room 2: let’s say you have, like, all, like, the box and paper certificates as, like, an authentic diamond, like, all the, like, the paperwork of ownership. The what? Which… okay. So you have, like, the channel itself, like…
LAX Room 2: For what?
LAX Room 2: Am I gonna say that she stole it?
LAX Room 2: Well, no, obviously, but… I mean, look, like I said, look all over Instagram, there’s so much evidence that I proposed and gave it… no, it’s everywhere!
LAX Room 2: Anyways… Yes! Oh, I was gonna say, well, it’s conditioned on the party’s promise to legally marry, so it would belong to you. So if we did not marry, you gotta give that back.
LAX Room 2: Unless, like the case stated, you said, like, you could keep it.
LAX Room 2: Moral of the story, just walk the plank, then divorce.
LAX Room 2: Anyways, a gift has 3 requirements in… 10?
LAX Room 2: Right? Intent.
LAX Room 2: And what else?
LAX Room 2: Delivery, don’t there.
LAX Room 2: and acceptance.
LAX Room 2: Delivery is generally the crux of the issue, but intent… Sweetheart, one of these days…
LAX Room 2: I want you to have this ring.
LAX Room 2: So, if I said one of these days, I’m speaking of the future, not the present intent to give you the ring. One of these days, right? So I’d have the present intent to divorce myself from title, right?
LAX Room 2: Delivery.
LAX Room 2: Delivery!
LAX Room 2: Actual delivery is easy. That’s the easiest one. But what happens when you want to give your mistake, I mean, your daughter, for her 16th-year-old birthday, a car? Do you just pick up the car, put it in a suitcase, and give it to her?
LAX Room 2: You typically have a little box, right? And you put the key in a box.
LAX Room 2: Right? And they open up that box.
LAX Room 2: And they see that key.
LAX Room 2: And they have a new car at 16, right?
LAX Room 2: And… Your child’s happy, right?
LAX Room 2: I wouldn’t say any more now, because they can just Uber us.
LAX Room 2: Talk to my niece. Are you gonna be driving in a couple years? Happy? Let’s Uber.
LAX Room 2: God.
LAX Room 2: Anyways… So, it’s some type of constructive or symbolic delivery of some sort.
LAX Room 2: I’ll let you out now.
LAX Room 2: So what we will do is this. I will stop right here. I do apologize for being late, but I thank you for your patience.
LAX Room 2: I will continue with gift. We’re gonna do one case next week for GIFT. I will lecture on acquisition by creation. I’ll be very quick with it. And then next week is when we start
LAX Room 2: descending.
LAX Room 2: That is my favorite time of the year. It’s like, God, it’s like the holiday season. Woohoo! …
LAX Room 2: But generally, students historically have not liked it. They have had a very difficult time, and if you ask any human being that has taken property, ever.
LAX Room 2: They will tell you that this is bad, this is the awful part, the part that they hate the most.
LAX Room 2: I promise you, we will take baby steps, but you’ll have to keep up with it, okay?
LAX Room 2: And we’re gonna take a ride to… …
LAX Room 2: Another dimension for the next 5 to 6 weeks.
LAX Room 2: That’s it. I’m around if you guys have questions, so you can always text me, call me. Other than that, you all paroled, have a wonderful weekend.
Dove night: Can I ask a question? So, GIF is just delivery and intent?
LAX Room 2: No. A gift is intent, delivery, and acceptance.
Dove night: Okay, thank you.
Naira Hakobyan: Professor?
LAX Room 2: Yep.
Naira Hakobyan: I logged in a little bit late, I don’t know if you got me.
LAX Room 2: I got you, don’t worry.
LAX Room 2: I, I… See everyone at the end. Don’t… yeah, don’t worry.
Naira Hakobyan: Thank you, have a good night.
LAX Room 2: Professor, hi.
Fatima Razavi: Can you hear me?
LAX Room 2: What?
LAX Room 2: I can hear you.
Fatima Razavi: Okay, awesome. Hi, I’m Fatima.
LAX Room 2: Well, hold on, hold on, no, no, you have a, you have a, another name you go by. Don’t tell me, don’t tell me.
Fatima Razavi: Tina!
LAX Room 2: Yeah, that’s right, okay. I was gonna say Nina, but okay.
Fatima Razavi: You can call me Nito, that’s fine.
Fatima Razavi: So for gifts, and I know maybe I’m going one step ahead, but I remember reading on the whole gifts thing about, Newman.
Fatima Razavi: Giving… getting the key.
Fatima Razavi: Actual and constructive. What’s the difference between those? Because I thought when you get the key, that’s constructive, not actual. So how do you tell the difference between the two?
LAX Room 2: Well, what is being… okay, here’s the key. This key is yours, but anything that this key is connected to is not. It’s just the key.
LAX Room 2: That was dealing with constructive.
LAX Room 2: So they’re symbolic or constructive.
Fatima Razavi: So constructive is just the actual thing the person is given.
LAX Room 2: Actual.
LAX Room 2: I’m actually giving you something. But if giving something, for example, a car, you can’t just pick up a car and give it to someone.
LAX Room 2: You’re gonna give it to them constructively through a key.
Fatima Razavi: So your example of the car, I apologize to interrupt you, but the example you gave about the 16-year-old and the car, that’s a constructive gift.
LAX Room 2: Yes.
Fatima Razavi: Got it. I put it under actual, that’s what… so an actual GIF would be, like, here’s…
Fatima Razavi: The cell phone. And you hand them a cell phone.
LAX Room 2: The thing of it, when actual delivery is impractical or impossible, then…
LAX Room 2: You can default to constructive delivery.
LAX Room 2: So, like, when I want to sell my land to you, I don’t put my land in a truck and take it to you, okay? There’s a deed.
LAX Room 2: The deed is constructive of title, is a question.
Fatima Razavi: Okay, and then, regards to privity and tacking, how do you write that in an essay and bring those two into a sentence and formulate it properly?
LAX Room 2: Well, that’s the game. So what you’re gonna have to do is write something up and send it to me.
Fatima Razavi: Okay.
Fatima Razavi: Sounds good.
Fatima Razavi: Thank you.
LAX Room 2: Thank you, Vanessa.
Yessenia Soria: Professor, I have a question. Yesenia, I’m on Zoom.
Yessenia Soria: So, on the essays that you provided for us on the packet that you emailed, we could work on them and send them to you for review.
Yessenia Soria: practice?
LAX Room 2: There’s under one con… a couple conditions. One.
LAX Room 2: You take your time and you do it.
LAX Room 2: Two, there’s no spelling errors.
LAX Room 2: So, go through the document and look for those red squiggly lines, fix them.
LAX Room 2: Because there’s a spell check feature, and you just… if you spend about 22 seconds, you can spell check the whole, answer, yes. But I would recommend that you do it about week 9 or 10, because you’re not going to be able to do it now, unless you want to try, because that’s…
LAX Room 2: And then it has to be in a Word document. I don’t accept pages, I don’t accept PDF, unless it’s handwritten.
Yessenia Soria: Great, thank you, Professor, I appreciate it.
gevorg kulikyan: Professor, I have one more question.
LAX Room 2: Okay.
gevorg kulikyan: This is just based on the reading. I th- my book that I purchased…
gevorg kulikyan: doesn’t have the page numbers, so I don’t know if I did the wrong readings for this week.
gevorg kulikyan: Was this Chapter 3, Wills and Trusts?
LAX Room 2: What?
gevorg kulikyan: No.
LAX Room 2: You bought a book with no page numbers?
gevorg kulikyan: It doesn’t say… I don’t… it has all the cases, but it doesn’t.
LAX Room 2: I don’t know. Why don’t you show me? You’re looking down at something!
gevorg kulikyan: It’s an e-book.
LAX Room 2: See that.
gevorg kulikyan: Want me to text you the file?
LAX Room 2: You want to text me the file? Yeah, go ahead and text me the file, but, what I would do is I would just…
LAX Room 2: You could probably find the table of contents of the book online somewhere, and then…
LAX Room 2: you could probably just do a word search on whatever book that you have for the case, like Kunto or something.
gevorg kulikyan: Yeah, I’ve just been going based off of chapters.
LAX Room 2: Okay.
gevorg kulikyan: So, like….
LAX Room 2: it may be.
gevorg kulikyan: For this week, it was week 3, so I did Chapter 3.
gevorg kulikyan: And the cases I read were about wills and trusts.
LAX Room 2: Potentially. I mean, we’re gonna be getting into that next week.
gevorg kulikyan: Yeah, okay.
gevorg kulikyan: Yeah, because today’s readings that we did were last week’s cases.
LAX Room 2: Yes. You’re actually going to be reading ahead, like, 3 weeks in advance.
LAX Room 2: Before we even start, but we will be caught up with that eventually.
gevorg kulikyan: Clean cut.
gevorg kulikyan: Cool.
LAX Room 2: Yeah, like the… let me see….
gevorg kulikyan: Just tell me if this sounds familiar.
gevorg kulikyan: Just so I know I read the right cases.
LAX Room 2: I, I don’t know.
gevorg kulikyan: White versus brown, is that familiar? Like, the names are very distinct, like… Whedon.
Yessenia Soria: No, those are not it.
gevorg kulikyan: Chapter 3 is actually the limits and Possibilities of real property.
Yessenia Soria: Personal property and intellectual property.
LAX Room 2: Or, hey, we could just give it to him. Yeah, let’s give him, like, the last case, so he could, like, you know, whenever he gets to that case, he knows to stop.
gevorg kulikyan: If somebody does that for me.
LAX Room 2: But shoot, I forgot. I’m on something. Volunteering to do that. Okay.
LAX Room 2: Anything else? Any other questions?
Fatima Razavi: Sorry, it’s me again. I just heard, so you want it handwritten? I’m sorry, I didn’t… I caught the lost tail end of that.
LAX Room 2: If you handwrite it, then you can send me a PDF, because how do you handwrite a Word document?
Fatima Razavi: Okay, I didn’t know if… I was like, does he want to say handwrite? Okay, so just a writing Word document. Okay, thank you, have a wonderful night.
Fatima Razavi: Gabor, I will send it to you right now through chat.
gevorg kulikyan: Thank you so much.
Fatima Razavi: You’re very welcome.
LAX Room 2: I think I’m gonna end class unless there’s any other questions.
Yessenia Soria: No, good night, Professor, have a good weekend.
LAX Room 2: Oh, you too.
gevorg kulikyan: Thank you, Professor.
gevorg kulikyan: Thank you.