This seminar is designed for attorneys, engineers, architects, land surveyors, developers, project managers, construction managers, principals, public works directors, title insurance representatives, limited practice officers and escrow officers.
This one-day seminar, designed for attorneys and legal staff, engineers, architects, land surveyors, developers, project managers, construction managers, principals, public works directors, title insurance representatives, limited practice officers and escrow officers will enhance participants’ working knowledge of boundary law, easements and related issues. Participants will leave with a greater understanding of how boundaries, easements and right-of-ways are created, described and maintained, as well as the practical knowledge and skills needed to effectively and efficiently identify and resolve boundary related problems. Attendees will also benefit from in-depth discussions on key statutes, the application of leading cases in this area, and the role of the surveyor and the attorney.
The seminar will feature practice instructions on how to work with surveyors and title companies on boundary matters, how to identify and resolve boundary and easement issues in transactions, how to mediate, and when and how to sue over boundary disputes.
8:45 a.m. - 10:00 a.m.
I. Surveying And The Surveyor’s
A. Role Of The Surveyor
B. Types Of Surveys
C. Patenting Of Public Lands In Washington State (Overview)
D. Ambiguity In Legal Descriptions
E. Metes And Bounds Legal Descriptions
F. “Called For” Monuments In Legal Descriptions
G. Ordering An ALTA Survey
H. 1999 ALTA Specifications And Optional Responsibilities
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 a.m.
A. History Of Boundary Law
B. Establishing Boundaries
C. Adverse Possession And Other Common Law Doctrines
D. Locating; Rules Of Construction That Fix The Location Of Boundaries
F. Natural Boundaries
11:15 a.m. - 12:15 p.m.
A. Overview And Discussion Of Common Easement Issues
B. General Easement Drafting Tips
C. Due Diligence For Buyers Relying On Beneficial Easements
D. Drafting Tips For Buyers Purchasing Property Burdened By Easements
E. Special Issues With Access, Utility And Parking Easements
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 1:45 p.m.
IV. Avoiding Boundary Disputes
A. Discovering The Problem Prior To Purchase
B. Drafting Tips For Purchase Agreements
C. Solutions To Encroachments And Access Problems
D. Protection Against Unknown/Undiscovered Problems
1:45 p.m. - 2:45 p.m.
V. Title And Title Insurance
A. Survey Exceptions On A Title Commitment And Policy
1. Basic Principles Used By Title Examiners
2. What Does Your Client Need
B. Boundary Questions That May Affect Title Coverage
1. Lot Line Adjustments
3. Dueling Surveys
4. Adverse Possession Claims
6. Defective Descriptions
7. Marketability Of Title Issues
C. How To Submit A Claim To Your Title Insurer
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
VI. Resolving Landowner Disputes
With And Without Litigation
A. Identifying The Problem And Developing The Evidence
B. Developing Your Case Strategy
C. Using ADR
D. When To Consider A Third Party Claim Under Deed Warranties
E. Preliminary Injunctions And Temporary Restraining Orders
F. Preparing The Case For Trial
G. Effective Settlement Conferences
H. Trying The Case
I. Helping Your Client Survive The Process