Get Results For Your Road and Access Law Clients
Conflict is inevitable when it comes to road and access law and who is entitled to what. Yet when clients call you in to determine who has rights in an easement, private road or right-of-way dispute, traditional negotiating tactics can fall short. As a result, agreements blow up, cases don't settle and - too often - you end up in court. Attend this seminar and walk away with a proven and positive approach for addressing and resolving disputes as they arise in the volatile environment of road and access law. Register today!
- Find out what influences the scope of the road right of way - and how it may affect your clients.
- Be prepared to handle easement issues by knowing how private roads are created.
- Protect clients' rights - understand the procedure for gaining access to roads.
- Solve road access issues that arise during real estate transactions.
- Identify what red flags to look for during a title search.
- Learn how to read between the lines of a land survey to find crucial support for your side of the dispute.
- PUBLIC ROADS: CREATION AND USE
9:00 - 10:00, Dr. Knud E. Hermansen
- County & Town Roads
- Dedication & Condemnation
- Easement & Title Boundaries
- ESTABLISHING EASEMENTS
10:15 - 11:15, John B. Shumadine
- Prescriptive Easements
- Public Prescriptive Easements
- Private Prescriptive Easements
- Prescriptive Easements by and Against Governmental Entities
- Nature of Prescriptive Easements
- Easements by Grant
- How to Create Them
- How Not to Create Them
- What They Should Contain
- Other Easements
- ABANDONMENT AND VACATION CONSIDERATIONS
11:15 - 12:15, John B. Shumadine
- Vacation of Public Roads
- Is Nonuse Enough?
- Statutory Requirements
- What is Left After Vacation?
- Termination of Private Easements
- The Test of Common Law Abandonment
- Is Nonuse Enough?
- Other Types of Termination
- Cessation of Purpose
- ROAD AND ACCESS PITFALLS WHEN HANDLING REAL ESTATE TRANSACTIONS
1:15 - 2:15, Frank K. N. Chowdry
- Private Access
- The Scope of the Access
- Incidental Rights are Included with Access
- Private Property Access on a Former Public Road
- COMMON ROAD AND ACCESS PROBLEMS AND SOLUTIONS
2:30 - 3:30, Dr. Knud E. Hermansen
- Disputes Between Private Landowners
- Landlord/Owner Liability for Third-Party or Public Use Easements
- Overweight Vehicle Permits
- TRIAL PREPARATION AND LITIGATION OF THE ROAD AND ACCESS CASE
3:30 - 4:30, Dr. Knud E. Hermansen
- Investigating the Case
- Historical Research
- What is the Surveyor's Role
- Title Search vs. Road Research
- Preparing the Case
- Trial Tips and Tactics
This intermediate-to-advanced level program is designed for attorneys wanting in-depth information on road and access law. Other professionals who may benefit from this legal course include: surveyors, engineers, developers, city and urban planners, local government officials, and real estate and title professionals.