Training Course Syllabus:
Get Results For Your Road and Access Law Clients
Conflict is inevitable when it comes to road and access law and who is entitled to what. Yet when clients call you in to determine who has rights in an easement, private road or right-of-way dispute, traditional negotiating tactics can fall short. As a result, agreements blow up, cases don´t settle and - too often - you end up in court. Attend this seminar and walk away with a proven and positive approach for addressing and resolving disputes as they arise in the volatile environment of road and access law.
- Find out what influences the scope of the road right of way - and how it may affect your clients.
- Be prepared to handle easement issues by knowing how private roads are created.
- Protect clients´ rights - understand the procedure for gaining access to roads.
- Solve road access issues that arise during real estate transactions.
- Learn how to read between the lines of a land survey to find crucial support for your side of the dispute.
- CURRENT CASE LAW AND LEGISLATIVE UPDATE
9:00 - 10:00, David C. Brennan
- CREATION AND USE OF PUBLIC ROADS
10:15 - 11:15, Steven G. Schassler
- The "Highway by Use"
- Off Record: Is it Legitimately a Public Road?
- What Influences the Scope of the Road Right of Way
- Special Circumstances Surrounding Public Roads on Record
- INS AND OUTS OF PRIVATE ROAD CREATION AND USE
11:15 - 12:15, Robert J. Gagen
- An In-Depth at Types of Easements
- Scope of the Easement Issues
- Creating and Maintaining Easements
- How Private Roads Are Created
- Private Condemnation - What Are the Issues?
- How to Resolve Subdivision Road and Access Disputes
- Maintenance and Repair
- ABANDONMENT AND VACATION CONSIDERATIONS
1:15 - 2:15, David C. Brennan
- Vacation of Public Roads
- When a Statutory Vacation Should be Initiated
- Abandoned Road Bed: Who Owns it? Who Can Use It?
- Termination of Private Easements
- The Test of a Common Law Abandonment
- What Must be in Place for Adverse Possession and Use to Occur
- How to Initiate the Abandonment Process
- ROAD AND ACCESS PITFALLS WHEN HANDLING REAL ESTATE TRANSACTIONS
2:15 - 3:15, Robert J. Gagen
- Frequently Asked Transaction Questions - Answered
- What Title Insurance Can Reveal
- How to Determine Legal Access to Property by Deed
- Solving Road Access Issues That Arise During Real Estate Transactions
- TRIAL PREPARATION AND LITIGATION OF THE ROAD AND ACCESS CASE
3:30 - 4:30, Steven G. Schassler
- Investigating the Case
- Current Trends in Historical Research
- How to Read Between the Lines of a Survey
- Title Search - What to Look For
- Trial Tips and Tactics
- How to Use a Declaratory Judgment to Nip Controversies in the Bud
- What Constitutes a Valid Discontinuance