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
- Prescriptive 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
- Express Release
- 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
- Historical Records
- Resolving Boundary Disputes
11:30 - 12:15, Daniel P. Richardson
- Rights of Possession
- Boundary Agreements
- 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
- Air Rights
- Surface Water Rights
- Subsurface Rights
- Mining and Drilling Issues
- Groundwater as a Public Trust in Vermont
- Solar Easements
- Wind Turbines
- Conservation Easements
3:00 - 3:30, Zachary Knox Griefen
- Overview of Conservation Easements
- Due Diligence
- Checklists and Forms
- Ethics in Boundary Law
3:30 - 4:30, Zachary Knox Griefen
- Acting in Good Faith
- Following the Limitations Imposed by Statute and Common Law
- Ethics in Quiet Title Actions
- Calculating Fair Attorney Fees