Course Description
There's an easement on this property? Make sure you know what you're getting into.
Do not let the intimidating complexity of easements cause you anxiety. Whether you're looking to draft, comply or fight one, our local experts will give you the know-how to succeed - without getting caught in exhausting and expensive legal battles.
Attend this seminar and get the practical easements information you won't find anywhere else. You will hear it all - the requirements of an easement and how to make them bulletproof. Interpret and understand the meaning of easement terms, recording, priority and interference issues. You will learn how to deal with unrecorded easements, taking of easements by eminent domain and numerous other issues related exclusively to easements. 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
- End jargon confusion: Become fluent in easement terms and concepts
- Make sure nothing gets missed in easement termination
- Find out what you need to know about conservation easements
- Learn how to create a dispute-proof easement
Learning Objectives
- You will be able to review types of easements and creation of easements.
- You will be able to explain characteristics of express easements.
- You will be able to discuss enforcement of easements as well as termination, extinguishment and abandonment of easements.
- You will be able to identify conservation easements.
Agenda
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This seminar will be presented by Susan Carpenter and Edward I. Yatkowsky |
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8:30 AM - 9:00 AM |
Registration |
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9:00 AM - 9:30 AM |
Overview |
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- Easements vs. Other Property Interests
- General Characteristics of Easements
- Encountering Easements
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9:30 AM - 10:30 AM |
Types of Easements and Creation of Easements |
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- Express Easements
- Implied Easements
- Easements by Necessity
- Prescriptive Easements and Adverse Possession
- Subdivision Plats and Easements by Dedication
- Common Development Schemes
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10:30 AM - 10:45 AM |
Break |
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10:45 AM - 11:45 AM |
Characteristics of Express Easements |
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- Definition of Use: Exclusive and in Common
- Duration
- In Writing: Deed, Declarations and Plat
- Permitted Uses and Modifications
- Amendment
- Tort Liability
- Location of Easement
- Relocation of Easement
- Property Description
- Must Be Recorded
- Must Be Signed and Notarized
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11:45 AM - 12:45 PM |
Lunch (On Your Own) |
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12:45 PM - 1:45 PM |
Enforcement of Easements |
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- Who Can Enforce?
- How to Enforce
- Legal Actions
- Responsibility to Pay Enforcement Expenses
- Title Insurance
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1:45 PM - 2:45 PM |
Termination, Extinguishment and Abandonment of Easements |
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- Express, Written
- By Its Own Terms
- Merger
- Void Against Public Policy
- Abandonment
- Other
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2:45 PM - 3:00 PM |
Break |
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3:00 PM - 4:30 PM |
Conservation Easements |
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- Overview – What Are They, Statutory Easements and Who Might Be Interested?
- What Do They Look Like?
- New York Statutory Requirements
- Federal Income Tax Requirements
- Estate Tax Benefits
- Valuation Issues, the Appraisal Process
- Other Conservation Options, Forest Land, Agricultural Land, Fee Donations
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