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Resolving Boundary Issues In and Out of Court  

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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 insurance 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, intestate succession, acquiescence or parol agreement.
  • Use boundary agreements, affidavits and quiet title actions to resolve boundary disputes.
  • Handle right-of-way issues including roads, prescriptive easements and municipal resolutions.


LAND SURVEYING FOR THE NON-SURVEYOR
9:00 - 10:00, Thomas J. Hall

  • The Surveyor's Role and Responsibilities
  • Types of Boundary Surveys: What Should You Order?
  • Standards Used by the Surveyor to Draft a Survey Map
  • Preparation of the Boundary Survey
    • Reviewing Land Records
    • Presumed Priority of Conflicting Title Elements
  • How to Read a Survey: Review of Sample Survey
  • Potential Errors That can be Made by a Surveyor

FINDING THE SOLUTION TO UNRESOLVED BOUNDARIES
10:15 - 11:15, Linda M. Bullen and Lauren Calvert-Arnold

  • Conflicting Title Elements
  • Handling Problems Between Adjoining Property Owners
  • Resolving Conflicting Surveys
  • Subdivision
  • Handling Right-of-Way Issues: Easements and Prescriptive Rights
  • Miscellaneous Matters

DEALING WITH UNWRITTEN TITLE TRANSFERS
11:15 - 12:15, Brent A. Larsen

  • Encroachments
  • Acquiescence
  • Estoppel
  • Adverse Possession

WATER BOUNDARIES: WHAT ARE YOUR CLIENT'S RIGHTS, RESPONSIBILITIES AND POTENTIAL LIABILITIES?
1:15 - 2:15, Brent A. Larsen

  • Watercourse Boundaries, Riparian Rights and Wetlands
  • Flood Plains
  • Accretion, Reliction, Erosion, Avulsion and Reclamation

RESOLVING BOUNDARY DISPUTES WITHOUT GOING TO TRIAL
2:30 - 3:30, Thomas J. Hall

  • Boundary Agreements
  • Affidavits
  • Quiet Title Action
  • Using Land Surveys to Resolve Disputes
  • Tips, Techniques and Strategies for Resolving Disputes Without Going to Court
  • The Role of Title Companies

BOUNDARY DISPUTE TRIAL PREPARATION AND LITIGATION
3:30 - 4:30, Linda M. Bullen and Lauren Calvert-Arnold

  • 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 Title Counsel or Title Searcher in Court
  • Sample Documents, Pleadings and Motions

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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