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Law Of Servitudes: Legal Issues And Practical Considerations In Louisiana  

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Training Course Syllabus:


This seminar is designed for attorneys, engineers, architects, presidents and vice presidents, land surveyors, developers, planners, property managers, project managers, construction managers, principals, council and board members, right of way agents and public works directors.

Whether you are heavily involved in real property matters on a daily basis, or occasionally advise clients of right-of-way issues, you need to be aware of the essential legal and practical issues associated with servitude agreements. The materials and presentations offered at this seminar will allow participants to gain a better understanding of the definition and characteristics of a servitude, how servitudes are created, general and provision specific drafting considerations, and servitude amendment and termination. Our experienced speakers will also discuss key aspects of servitudes, including:

• How To Identify Servitudes On Surveys And The Surveyor’s Certificate

• Enforcement Of Servitudes

• Construction Of Servitudes, Including Express Servitudes,

Prescriptive Servitudes, And Ways Of Necessity

• The Affect Of Servitudes On Surveys And Plats

• Public And Quasi-Public Servitudes

• Mineral Servitudes

This highly informative and practical seminar is designed specifically for anyone involved with real property issues.

9:00 a.m. - 9:30 a.m.

I. Overview

A. Definition

B. Characteristics

C. Distinguishing Servitudes From Other Rights, Such As Licenses And Leases

9:30 a.m. - 10:45 a.m.

II. How Servitudes Are Created, Amended And Terminated

A. By Agreement

B. By Force Of Law

10:45 a.m. - 11:00 a.m.

Break

11:00 a.m. - 12:00 p.m.

III. Drafting And Enforcing Servitudes

A. General Issues

B. Various Types Of Servitudes

C. Specific Provisions

D. Remedies

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:45 p.m.

IV. Servitude Construction

A. Express Servitudes

B. Prescriptive Servitudes

C. Ways Of Necessity

1:45 p.m. - 2:45 p.m.

V. How Servitudes Affect Surveys And Plats

A. Reading, Writing And Analyzing Servitude Descriptions

B. Recognizing Servitudes On Surveys And Surveyor’s Certificates

C. Affect Of Servitudes On Surveys And Plats

2:45 p.m. - 3:00 p.m.

Break

3:00 p.m. - 4:15 p.m.

VI. Public And Quasi-Public Servitudes

A. Eminent Domain

B. Utility And Railroad Servitudes

C. Recent Developments

4:15 p.m. - 5:00 p.m.

VII. Mineral Servitudes

A. Creation And Uses

B. Prescription

C. Recent Developments

Seminar Summary:

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