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Boundary Issues: Resolving Client Conflicts  

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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 professionals

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Seminar Summary:

Give your clients the top-notch advice they need when it comes to important property matters by attending this important program. (see full course description)

 

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Training Course Syllabus:


Knowledgeably Prevent - Or Handle - Boundary Disputes

Your client's neighbor is encroaching on, or claiming ownership of, part of the client's property. You need to act quickly to find out what your client's rights are and where the boundary line really is. If you fail to resolve the dispute, your client could lose title to that land forever. Give your clients the top-notch advice they need when it comes to important property matters by attending this important program.

  • Identify problems with zoning, restrictions and encroachments on a survey, and take the steps necessary to rectify them.
  • Confidently deal with property that was obtained through adverse possession, acquiescence or estoppel.
  • Use boundary agreements, affidavits and quiet title actions to resolve boundary disputes.
  • Handle right-of-way issues including roads, prescriptive easements and municipal resolutions.


I. LAND SURVEYING FOR THE NON - SURVEYOR
9:00 - 10:30, A.W. (Terry) Harris

  1. Fundamentals of a Survey - A Systematic Approach to Boundary Survey Problems
  2. Reviewing Land Surveys
  3. Understanding Boundary Evidence
  4. Factors that Influence Interpretation of Evidence

II. BOUNDARY DISPUTES - HOW THEY ARISE
10:45 - 11:30, Thomas G. Walsh

  1. Overview of Title to Land
  2. Transfer/Succession/Legal Action
    1. Buy/Sell
    2. Inherit - Descent/Intestate
    3. Quiet Title Action and More
  3. Conflicting Surveys
  4. Conflicting Title Elements
  5. Conflicting Land Uses

III. PUBLIC AND PRIVATE RIGHT OF WAY/EASEMENT CONFLICTS
11:30 - 12:15, Timothy M. Eustace

  1. Public Roads/Easements
    1. Condemnation - Municipal Action
    2. Offer and Dedication
    3. Public Use and Control
    4. Discontinuance
  2. Private Ways/Easements
    1. Grants
    2. Prescription
    3. Abandonment
  3. Utilities

IV. WATER BOUNDARIES
1:15 - 1:45, Timothy M. Eustace

  1. Water Course as a Boundary
  2. Riparian Rights
  3. Flood Plains
  4. Accretion, Avulsion and Erosion
  5. Wetlands

V. RESOLVING BOUNDARY DISPUTES WITHOUT GOING TO TRIAL
1:45 - 2:30, Thomas G. Walsh

  1. Boundary Agreements
  2. Affidavits
  3. Using Land Surveys to Resolve Disputes
  4. Mediation or Other Alternative Dispute Resolution
  5. Necessary Steps Following Resolution

VI. BOUNDARY DISPUTE, TRIAL PREPARATION AND LITIGATION
2:45 - 3:30, Timothy M. Eustace

  1. Trial Preparation and Discovery
  2. Taking the Case to Trial
  3. Evidentiary Rules and Procedures
  4. The Role of the Surveyor in Court
  5. Sample Documents, Pleadings and Motions

VII. CURRENT CASE LAW AND LEGISLATIVE UPDATES
3:30 - 4:30, Thomas G. Walsh

Seminar Summary:

Give your clients the top-notch advice they need when it comes to important property matters by attending this important program. (see full course description)

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