Prop New 7

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  1. AP Open and Notorious (NJ)
    Owner must know AP is trespassing for O & N
  2. Policy for AP
    • Reward Labor. Utilitarian.
    • First in Time-McIntosh
    • Labor Theory- get title through improvement
    • Rewards criminal behavior
    • Sleeping landowner
    • Distribute land to those with greatest marginal value
  3. Sucessive Owners (AP) SOL
    doesnt affect SOL
  4. FSD Language & FS/CS language
    If explicitly say R/E Keep


    Ambiguous: Favor FS/CS
  5. FC/CS: R/E not exercised (AP) Traditional
    No SOL for AP, since not trespassing
  6. FC/CS: R/E not exercised (AP) Modern
    SOL starts right when condition is violated
  7. Indirect Restraint on alienability
    Who or how land is used. OK in CA.
  8. Direct Restraint on Alienability
    If sold=lose it. Not OK
  9. Indirect restraint Nebraska
    If appears to have material adverse affect on marketability= unlawful
  10. Allow indirect restraint
    • -encourage charitable giving. No strings=no gift
    • -Respect grantor's intent
    • -Encourages land distribution
  11. Disallow indirect restraint
    • -Dead Hand limit
    • -May not be best for recipient
    • -Discourages concentration by encouraging alienability
    • -More effective land use
    • -Bank wont give money against land
  12. Indirect restraint (3rd rest)
    Allow if reas in purpose, effect or duration. School purpose=ok.
Card Set
Prop New 7
Prop New 7
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