Property LAWS 509 Sect 003 Jim Burkhard First Assignment

LAWS 509 Sect 003
Jim Burkhard
First Assignment
We will use Dukeminier & Krier, PROPERTY, 8th Edition (2014).
Prior to the start of classes I will post a full syllabus on the course TWEN web site.
The first assignment will delve into the world of Adverse Possession.
Please read pages 144–62 in the text.
Explain in your own language the three theories on pages 144–46.
In 2016, is the doctrine of adverse possession a good thing or a bad thing?
In regard to the case of Van Valkenburgh v. Lutz:
Please prepare a complete written “brief” for this case which should identify (1) the critical facts,
(2) the issues in the case, (3)the analysis and reasoning each judge used to determine who should
win, and (4) the conclusions and holdings of both judges. In doing your analysis you need to pay
particular attention to the matters listed below. You are to bring your “brief” to class, either on
paper or on your computer. You are permitted to use your computer during class.
From time-to-time I will collect your briefs. I will score these and the score can influence your
grade in the course.
There are two primary issues in this case, what are they?
In New York, what is the required mental element to have adverse possession? (The discussion
on page 160–61 may help, however this is a very difficult question–it will require you to very
carefully analyze the opinion.)
What is the role of the statute in footnote 16, pages 153–54?
How do the majority and dissent differ? Which was right?
If you apply the Ballentine theory on page 145, who should win this case?