Litigate Your Case With Confidence
Between terminology nuances and shifts in emphasis on proving intent and use, you need to be up to speed before litigating easement and restrictive covenant disputes. Save precious time down the road by getting the latest court decisions and practical tips from our experienced faculty. They'll examine the issues at play and the pitfalls to avoid, so you can effectively prepare and argue your case. Register today!
- Stay up to date on the latest case law affecting easement litigation.
- Be able to quickly determine whether you're dealing with an easement, covenant, lease or license.
- Learn what elements need to be established to prove intent and use.
- Find out how to resolve issues of intent with poorly drafted documents and vague legal descriptions.
- Save time and money by knowing what pertinent evidence to look for during title searches.
- Gain strategic trial tactics unique to easement litigation.
- Avoid surprises at trial by being fully versed in hearsay and evidence issues.
OVERVIEW OF SERVITUDES (EASEMENTS, PROFITS, COVENANTS)
9:00 - 9:30, Lawrence S. Glosser
- Servitudes and the Rights Associated With Them
- Issues Arising From Confusion on Terminology: Is it an Easement, Covenant, Lease or License?
- Creation of Servitudes
- Can a Landowner Alter a Servitude?
- Abandonment and Extinguishment
BURDEN OF PROOF: ESTABLISHING YOUR CLAIM
9:30 - 10:30, Lawrence S. Glosser
- Elements That Need to be Established (by Type of Easement)
- Dealing With Vague and Ambiguous Legal Descriptions and Documentation
- Age of Evidence: How Old is Too Old?
- When Evidentiary Presumptions Exist
INVESTIGATION: WHAT CRUCIAL EVIDENCE ARE YOU LOOKING FOR?
10:45 - 12:00, Michael A. Nesteroff
- Field Investigation: Key Considerations When Viewing the Property
- The Title Search From Start to Finish: What to Look For
- Importance of the Survey
DRAFTING DESCRIPTIONS AND AGREEMENTS TO AVOID DISPUTES
1:00 - 1:45, Michael A. Nesteroff
- How to Write Descriptions to Avoid Future Disputes
- What to Include in Written Easement Agreements
- When Should Easement Agreements be Updated or Amended?
PRESENTING YOUR CASE
1:45 - 2:45, Catherine C. Clark
- Important as Notice of Claim
- Notice of Lis Pendens
- Injunctive Relief
- Scheduling Conference and Pretrial: Narrowing Down Issues
- Getting Summary Judgment
- ADR vs. Trial
- Hearsay Issues
- Parole Evidence
- Strategies for Trying Your Case
- The Judgment
CASE LAW UPDATE
3:00 - 3:30, Catherine C. Clark
REAL-LIFE ETHICS IN PROPERTY DISPUTES
3:30 - 4:30, Catherine C. Clark
- Attorney-Client Relationship
- Dealing With the Difficult Client
- Truthfulness in Negotiations
- Partial Settlement: Is it in the Client's Best Interests?