This basic-to-intermediate level course is designed for attorneys. Other professionals who may benefit from this legal overview include: surveyors, engineers, architects, developers, planners, local government officials and real estate and title insurance professionals
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This informative program will review the fundamentals of easements from an expert attorney's view so you can remain up to date. (see full course description)
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Training Course Syllabus:
Confidently Advise Clients on Boundary and Easement Matters
How confident are you in your abilities to represent a client who comes to you seeking legal advice or actions regarding a boundary dispute? Are you able to work through common easement issues from creation to termination? Boundary predicaments are the bread and butter of real property practices but are also some of the most complicated cases requiring extensive due diligence. This informative program will review the fundamentals of easements from an expert attorney's view so you can remain up to date. Learn how to evaluate and resolve boundary related disputes using remedies and strategies that will provide your clients with the best outcome. Register today!
Understand the differences in easement types and know how to decide which is most advantageous for your client.
Effectively draft legally sound easements that will hold up for years to come.
Identify options for terminating or releasing easements quickly and painlessly.
Advance your knowledge of complicated boundary issues involving water rights, air rights and conservation easements.
Know the first steps to take when a boundary dispute develops.
Utilize in court the most common forms of boundary evidence that proves property ownership and boundary lines.
Master the boundary dispute litigation process including discovery and using pertinent experts.
Review how to remain ethical during quiet title actions.
Defining Easement Types 9:00 - 9:30, Daniel P. Richardson
Grant or Reservation
Necessity or Quasi-Easements
Easement Created by a Mortgage
Easement by Estoppel
Which Easement is Best for Your Client?
Creating and Enforcing Easements 9:30 - 10:00, Jesse D. Bugbee
Defining the Parties Involved
Choosing an Easement in Gross or Appurtenant Easement
Drafting the Property Description
Ensuring all Parties Agree to the Purpose
Scope of the Easement and Overburdening Issues
Terminating or Releasing Easement Options 10:00 - 10:30, Jesse D. Bugbee
Change in Use by Dominant Tenant
Evaluating Boundary Evidence 10:45 - 11:30, Jesse D. Bugbee
Improper Description Examples
Natural and Artificial Boundary Markers
Personal Testimonials and Statements
Resolving Boundary Disputes 11:30 - 12:15, Daniel P. Richardson
Rights of Possession
Junior and Senior Rights
Quiet Title Action: Declaratory Judgment Actions and Permanent Injunctions
Using Land Surveys to Resolve Disputes
The Role of Title Companies
Litigating Boundary Disputes 1:15 - 2:15, Daniel P. Richardson
Pleadings: Causes of Action
Trial Preparation and Discovery
Taking the Case to Trial
Evidentiary Rules and Procedures
The Role of the Surveyor in Court
The Role of the Title Expert
Sample Documents, Pleadings and Motions
Special Boundary Considerations 2:15 - 2:45, Zachary Knox Griefen