FINAL
Examination
Property
II
Professor
Christiansen
SPRING
2006
1.
You have three (3) hours
for this examination.
2.
This is a closed book
examination.
3.
This examination contains two parts: multiple choice questions and
essay questions.
Part I consists of fifteen (15) multiple-choice questions. Correct multiple choice answers are to be
marked on the separate ParSCORE test form using pen or pencil and following the
instructions on that form. If you change
your answer, place a clear “X” through the wrong answer and mark the
correct answer. A machine will score the
exam and any ambiguities will be counted as a wrong answer. I recommend you spend approximately 30
minutes on Part I. Part I is worth 20%
of your final exam grade.
Part II consists of two essay questions. I strongly encourage you to spend 10-15 minutes outlining each
answer before writing. I have allotted sufficient time for you to
outline, write and review your answers.
Read the questions carefully to ensure you address all the issues
identified. Each essay is 40% of your
final exam grade; Part II is worth 80%).
NOTE: The multiple-choice question section and the
essay questions have the following suggested time allotments.
Part I – 30
minutes (20% of final exam grade)
Part II— 75
minutes for each of the two essays (80% of your final exam grade)
4.
Write your student exam number on your exam envelope. Put your student exam number at the top of
this page, each page of questions, each blue book, and the ParSCORE test
form. Do
not use your name, student ID number or
Social Security Number on any exam materials.
5.
At the conclusion of the exam, all examination papers—including the Part I ParSCORE test form, your answers for Part II, the examination questions,
these instructions, and all notes—must be placed back in the exam
envelope. Failure to return all
materials will result, among other sanctions, in a failing grade of “F” for the
course. Do not seal the envelope.
After
this exam, you have finished your first year of law school – congratulations.
Relax and have confidence in
your abilities. Now, take a deep breath and begin.
GOOD LUCK!
PART II
ESSAY QUESTION A
Suggested time: 75 minutes
In late May 2001, Sonja, the owner of Sonja’s Hunting Huts, called her long-time customer Berto and offered to sell him her “entire 10-acre property” including three improved huts and a traditional log cabin home. Because they were “sorta friends after all these seasons,” Sonja did not want to haggle so she offered a “really fair price” of $600,000. “The land alone is worth nearly that,” she said, “but don’t take my word for it; you should come up and have a look around before you decide.” Sonja said she would like to sell it all soon.
Berto came up to visit the property but was very pressed for time. After looking around for less than an hour, touring the log cabin and some of the surrounding land, Berto and Sonja shook hands on the deal. Standing in Hut #3 (the one Berto always stayed in), Sonja showed Berto a detailed map of her property. She circled the three huts and wrote “$50k” by each; she wrote “150k” next to the log cabin and also wrote “300k for land” in the map’s corner. Sonja said Hut #3 was the nicest of the huts, but that they were all “nice enough.”
Berto knew he was getting a really good deal at this purchase price; he immediately wrote a check for $150,000 to Sonja. In the memo field of the check he wrote “25% down payment for purchase of house, huts and 10 acres.” The check was dated June 1, 2001. Sonja grabbed the map on which she had written the figures earlier and wrote on it “$150k rec’d on 6/1/01; rest due 7/1/01. Thanks!” She then handed it to Berto without signing it.
Berto was very busy the next four weeks, so he did not return to inspect the property nor did he hire anyone else to do so. On July 1, 2001, Berto sent his son Joey to meet Sonja at the property. Joey gave her a check for $450,000 signed by Berto, and Sonja gave Joey a standard “Special Warranty Deed” she had “found on the Internet” and filled out herself. She signed the completed deed, saying, “With all the trouble this place has been in the last month, I am glad to be rid of it.” Joey went to the county recorder’s office and recorded the deed. He then put the deed in his car and promptly forgot about it.
Berto came to look around his new property two weeks later, still not having picked up his deed from Joey. Berto was shocked to discover that Hut #1 had sustained extensive internal damage from a fire that took place about a month ago. Although it looked fine from the outside, it only remained upright because of temporary supports inside. It would have to be entirely rebuilt. Hut #2 had a woman named DiAnn living in it. DiAnn claims that she had lived there for 10 years and had recently acquired title through adverse possession. Berto has never seen her on his previous visits and believes her claims are invalid; he hopes Sonja will testify against DiAnn if necessary.
Suspicious now, Berto had a full inspection of the property. The inspection revealed the land was 9.6 acres, not 10. Hut #3 was undamaged and as he expected it, as was Hut #2 (except DiAnn’s presence). But, the inspection revealed the log cabin’s foundation was cracked and would need to be replaced. The inspector said that anyone living in the cabin in the winter would have to have known because the basement was sure to flood every year. Water marks on the basement walls had been cleaned off since the previous winter; but Berto had not previously visited the basement.
Please identify and evaluate all
reasonable property law claims Berto has against Sonja. What is his likelihood of success with each
of them and what are the likely remedies a court would grant if Berto were
successful? (Do not evaluate the
substantive merits of DiAnn’s adverse possession claims but do address any
impact it has on the other issues/claims/defenses.)
ESSAY QUESTION B
Suggested time: 75 minutes
The Ortiz family owned three large
lots of property on the north side of
Generations of the Ortiz family have lived in the home and owned the three lots for more than 120 years. They have kept their own boat and five rental fishing boats at the boathouse for the last two years. They also keep horses to ride out across lots B and C, where previous generations of the Ortiz family have allowed other people’s cattle to graze for a modest fee. The only other development on the lots are some unimproved campsites and some very rustic cabins right at the shore of Linx Lake in Lot B, the only place the land is level enough to construct upon. Lot C is empty except for wild vegetation and some horse and animal trails.
The nearby City of
In late 2000, the City Council passed
a comprehensive plan for development of all the property north of
The Ortiz family wishes to keep using their structures on Lot B. Additionally, the family has applied for a permit to graze cattle on Lot C and permission was granted on the condition that mudslide abatement banks be built on Lot C and two of its neighboring lots. The banks cost $2,000 each and each lot will require approximately ten of them.
The City Council also announced
that they will be using the power of eminent domain to take
You are the city attorney for
END OF EXAM