Course ID: 20810 | Course Duration: 1 Day
 
Career Training
 

Litigating Access and Easement Cases Training Class

Course ID: 20810
 
 
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Litigating Access and Easement Cases Training Seminar

Take Your Access or Easement Case to Court With Confidence

Lengthy disputes and disjointed property history create unique challenges in litigating access and easement cases. Do you have the tools to overcome these obstacles? Obtain critical case law knowledge and practical tips from our experienced faculty as they examine the issues at play in property litigation. Learn how to effectively prepare and argue your case to get the best possible chance of success in court. Register today!

  • Know all your options for resolving property disputes, so you can choose the best legal strategy for your client's case.
  • Find out what valuable sources of pertinent evidence are often overlooked during title searches and discovery.
  • Avoid surprises during trial with surefire strategies for developing the best property chronology possible.
  • Is it your case? Understand how title and liability insurance can shift your role to limited representation.
  • Discover the secrets to writing an effective demand letter and complaint.
  • Come to court with an indestructible team of experts: know who to recruit and when to get them involved.
  • Prove your case with striking evidence: learn the best ways to showcase the disputed property to the court.
  • Recognize what documents are susceptible to inadmissibility because of creation or maintenance blunders.
  • Stay up-to-date on the latest case law affecting access and easement litigation.
 
     
     
  Course Details  
     
     
  Agenda  
 

LESS ADVERSARIAL METHODS OF RESOLVING DISPUTES
9:00 - 9:45, Stephen F. Noel.

  • Entering Into a Consent Judgment
  • Setting the Facts Straight With Affidavits
  • Quiet Title and Declaratory Judgment Actions
  • Mediation for a Livable Solution

CASE PREPARATION - DO YOUR HOMEWORK
9:45 - 10:30, Paul W. Mortensen.

  • Statute of Limitations on Property Disputes
  • First Things First: Is There Title and Liability Insurance?
  • Insurance Companies' Position on Defending Cases Involving Trespass
  • Naming All Necessary Parties
  • Developing the Best Chronology Possible
  • What is Involved in a Thorough Title Search?
  • Valuable Clues in Land Records, Old Surveys, Lawyer Files and Photos
  • Other Helpful Research Resources
  • Viewing the Property: Key Considerations

GATHERING YOUR EXPERT ARSENAL
10:45 - 11:45, Paul W. Mortensen.

  • The Importance of Involving Experts Early
  • What to Look for in a Surveyor
  • Selecting the Best Title Expert
  • Should You Hire a Historian?
  • Other Experts to Consider
  • Tips for Minimizing Expert Fees

ARBITRATION VS. TRIAL
12:45 - 1:45, John A. Snow.

  • When is Arbitration the Right Choice?
  • The Binding Arbitration Clause: Requirements, Issues and Costs
  • Time, Discovery and Consolidation Considerations
  • Enforcement of Injunctive Relief
  • Standard of Review of an Arbitrator's Decision
  • Keys to Documenting the Settlement and Other Practical Tips for Successful Arbitration

ARGUING YOUR CASE
1:45 - 2:30, Paul W. Mortensen.

  • Writing an Effective Demand Letter and Complaint
  • Filing Considerations: Lis Pendens, Temporary Injunctions, Document Requests, Interrogatories, Requests for Admissions and Motions for Summary Judgment
  • Bringing the Property to the Courtroom: The Most Powerful Evidence and Props at Trial
  • Challenges to Admissibility
  • Should You Spend More Time Arguing the Facts or Arguing the Law?
  • Tips for Working With the Court and Removal Considerations
  • Avoiding Costly Mistakes

CASE LAW UPDATE
2:30 - 3:15, Stephen F. Noel.

REAL-LIFE ETHICS IN PROPERTY DISPUTES
3:30 - 4:30, John A. Snow.

  • Limited Representation
  • Partial Settlement: Is it in the Client's Best Interests?
  • Truthfulness in Negotiations
  • Legal Maneuvering
  • Attorney-Client Relationship
 
     
     
  Audience  
 

This intermediate level seminar offers trial lawyers and other attorneys practical tips and strategies unique to access and easement litigation. Surveyors and paralegals may also find it helpful.

 
     
     
 
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  Litigating Access and Easement Cases Training Course Dates and Locations  
     
  Course ID: 20810 | Course Duration: 1 Day  
     
  Locations:  
     
   
     
 
Career Training
 
     
 
On-Site Training Bring this Litigating Access and Easement Cases training class in-house at your facility. Request More Information Request More Information On Litigating Access and Easement Cases
 
Career Training
 
 
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