Course Description
You've found yourself face-to-face with an easement - now what?
You can get what you need from your real estate despite the intimidating complexity of easements. Whether you're looking to comply with one, fight one or draft one, our local experts will give you the know-how you need to succeed - without getting caught in exhausting and expensive legal battles.
Come to this seminar and get the practical easements information you won't find anywhere else. You will hear it all - the types of easements, their requirements, how to make one bulletproof - and how to find them before it's too late. All you've ever wanted to know about easements, all in one place, all in one day. Register now.
Who should attend?
This seminar is designed for attorneys, presidents, vice
presidents, engineers, hydrology professionals, project managers,
environmental professionals, planning and zoning officials, government
and municipal administrators, developers, real estate professionals,
title agents, public works directors, contractors, subcontractors,
principals, consultants, architects and surveyors.
Benefits for You
- Learn how to create a dispute-proof easement
- End jargon confusion: become fluent in easement terms and concepts
- Avoid easement violations - know what your responsibilities are
- Understand the various types of easements and the issues with each one
Learning Objectives
- You will be able to identify easements vs. other property interests.
- You will be able to review types of easements.
- You will be able to describe prescriptive easements.
- You will be able to discuss enforcement of easements.
Agenda
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This seminar will be presented by Louis A. Gonzalez, Jr., Esq. and Michael W. Thomas, Esq. |
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8:30 AM - 9:00 AM |
Registration |
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9:00 AM - 9:15 AM |
Easements vs. Other Property Interests |
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- Leases and Licenses
- Profits
- Covenants Running With the Land
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9:15 AM - 9:45 AM |
Types of Easements |
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- Rights of Way
- Drainage and Water
- View
- Grazing and Mineral
- Conservative Easement
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9:45 AM - 10:00 AM |
Nature of Easements |
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- Affirmative and Negative
- Appurtenant
- In Gross
- Exclusive and Nonexclusive
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10:00 AM - 10:15 AM |
Break |
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10:15 AM - 11:15 AM |
Creation of Private Easements |
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- Conveyance (by Express Grant)
- Easements by Implication, Necessity and Prescription
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11:15 AM - 11:45 AM |
Prescriptive Easements |
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- Elements and Requirements
- Distinguished From Adverse Possession
- Scope
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11:45 AM - 12:45 PM |
Lunch (On Your Own) |
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12:45 PM - 1:15 PM |
Preventing Prescriptive Easements |
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- Civil Codes §1008, §1007, §813 and §1009
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1:15 PM - 2:00 PM |
Rights and Duties of the Parties |
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- Rights and Duties of the Servient and Dominant Tenements
- Extent of Permitted Use
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2:00 PM - 2:30 PM |
Extinguishment |
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2:30 PM - 2:45 PM |
Break |
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2:45 PM - 3:30 PM |
Public Easements |
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- Public Easements Are Held by the Public Generally, or by the State or a Political Subdivision, or by a Public Agency
- Subdivision Map Process
- Extinguishment of Public Easements
- Eminent Domain
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3:30 PM - 4:00 PM |
Factors in Drafting Easements |
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- Scope, Location and Duration
- Prior and Concurrent Easements
- Exclusivity and Succession
- Maintenance and Tort Liability
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4:00 PM - 4:15 PM |
Enforcement of Easements (Remedies for Interference) |
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4:15 PM - 4:30 PM |
Ethical Considerations |
Agenda
Thursday, April 11, 2013 8:30 am – 9:00 am Registration 9:00 am – 10:30 am Reducing Risk of Hiring Discrimination Claims in a Changing Legal Landscape — Joyce E. Taber
• Risk Avoidance for Recruitment and Hiring Claims
• Addressing Allegations of “Channeling” or Steering Individuals Into Specific Jobs
• Complying With EEOC’s Recent Guidance on Background Checks
• Pros and Cons of Using Social Media to Vet Applicants
• Risk Avoidance for Discrimination Issues in Hiring, Including Title VII, ADEA and ADA
• Discussion of Key Risk Areas for Disparate Impact Claims
• Trends in EEOC Pattern or Practice Claims Alleging Hiring Discrimination 10:30 am – 10:45 am Break 10:45 am – 11:45 am Privacy – Use of Social Media in the Workplace — Krissy A. Katzenstein
• Risks Presented by Employees’ Use of Social Media
• NLRB and Social Media
• Developing Defensible Social Media Policies and Procedures
• Regulation of Social Media Use and Other Ethical Considerations 11:45 am – 12:45 pm Lunch (On Your Own) 12:45 pm – 2:00 pm Managing Leaves of Absences Under the FMLA and ADA — Corrie Fischel Conway
• Basic Requirements of the FMLA
• Obligations Under ADA to Provide Leave as a Reasonable Accommodation
• Providing Leave and/or Benefits Under State or Local Laws
• Coordinating Obligations Under Federal, State, and Local Laws With Employer’s Paid Leave and Benefit Policies, Including Implications on Wage and Hour Compliance
• Tools to Limit Disruption in the Workplace When a Leave of Absence Is Requested
• Tools to Limit Abuse Related to Leave of Absence Requests 2:00 pm – 2:15 pm Break 2:15 pm – 3:30 pm Avoiding Discrimination and Harassment Complaints — Marianne Hogan
• Anti-Discrimination and Anti-Harassment Laws
• Diversity and Inclusion Policies, Programs, and Training
• Effective Investigations
• Conducting Self-Audits
• Risk Avoidance for Systemic and Class Action Litigation 3:30 pm – 4:30 pm Basics of Immigration Law for Employers — Ken C. Gauvey
• What to Do When the Right Candidate Needs Sponsorship
• Temporary Visas
• Permanent Residents – Green Cards for Employees Friday, April 12, 2013 8:30 am – 9:00 am Registration 9:00 am – 10:30 am Top Ten Mistakes to Watch for in Wage and Hour Compliance — Elizabeth C. Young
• Exempt/Nonexempt Classification
• Independent Contractor Classification
• When On-Call Time Is Compensable
• Start of Day/End of Day Activities
• Exception Reporting for Timekeeping
• Auto-Deductions for Meals
• Rules Regarding Salary Deductions Due to Furloughs and Pandemic Flu Scenarios
• How to Pay Overtime for Bonuses and Commissions
• Rounding; Salary Basis Test and Billable Employees 10:30 am – 10:45 am Break 10:45 am – 11:45 am Minimizing the Risk of Retaliation Suit — Daniel E. Ingber
• Background on Title VII, ADEA, EPA and ADA
• Background and Purpose of Retaliation in Title VII
• Difference Between Discrimination and Retaliation Torts
• Burlington Northern v. White
• What Can Constitute Retaliation Under the Law of Lower Courts
• Common Pitfalls Managers Should Avoid to Prevent Retaliation Cases
• The Difficulty of Terminating a Difficult or Litigious Employee 11:45 am – 12:45 pm Lunch (On Your Own) 12:45 pm – 1:30 pm Conducting an HR Self-Audit — Amanda Vaccaro
• Employment Policies
• Hiring, Performance Management, and Termination Practices; Personnel Files and Manager Training 1:30 pm – 4:30 pm Effective Performance Reviews (Break 2:15 pm – 2:30 pm) — Howard K. Kurman, Esq.
• The Legal Significance of Performance Evaluations and Their Role in Workplace Litigation
• Legal Safeguards That Will Add to the Credibility of Your Performance Evaluations
• Proper Documentation and the Incorporation of Interim Disciplines in Evaluations
• Who Should Conduct the Evaluations and How to Train theEvaluator
Audience
This seminar is designed for accountants, CFOs, controllers, accounts payable professionals, tax managers, tax preparers, enrolled agents, presidents, vice presidents and bookkeepers.