Assignment – Class 12
Draft the issue in the Warburton case.
- Is a person lawfully present in a location they had to climb over two barriers to get
to?
Outline and annotate the synthesized rule on “lawful presence.”
Synthesized Rule on “lawful presence”:
- A person is lawfully present when landowner provides path onto property from public
space and doesn’t provide actual or constructive notice that the public may not use the
path to enter for lawful business.
Outlined Rule for “lawful presence”:
- Landowner provided path onto property from public space
- No actual or constructive notices that public may not use
Annotated Outline
- Landowner provided path onto property from public space
 In the Dobrin case, there was a well-worn pathway onto property, no fence or
barrier from public space to private yard, fulfilling one part of the lawful presence
rule.
- No actual or constructive notices that public may not use
 In the Messa case, signage was improperly and sparsely placed on the property so
much that no one entering the property would know it is forbidden, fulfilling the
second part of the lawful presence rule.
Identify the portions of the outline you intend to use in your memo.
- I intend to use the Dobrin case since it acknowledges both the problem of a clear pathway
and no notices.