Course Description
The world of easements is not as impossible as you think.
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 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
- Learn how to create a dispute-proof easement
- Make sure nothing gets missed in easement termination
- Succeed in easement disputes through our faculty's expert guidance
Learning Objectives
- You will be able to review definition of easement and types of easements.
- You will be able to discuss easement descriptions.
- You will be able to identify tips for drafting easements.
- You will be able to explain termination of easements.
Agenda
8:30 AM - 9:00 AM |
Registration |
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9:00 AM - 10:15 AM |
Definition of Easement and Types of Easements |
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— David L. Rein, Jr. and Michele F. Sutton |
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- Definition of an Easement
- Formation of Easements by:
- Express Grant
- Reservation in Deed
- Implied Grant
- Use and Necessity
- Prescriptive Easements
- Appurtenant Easements vs. Easements in Gross
- Dominant and Servient Tenements
- Affirmative and Negative Easements
- Easements for Light, Air or View
- Solar Easements
- Conservation Easements
- Temporary Construction Easements
- Easements From Public Entities
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10:15 AM - 10:30 AM |
Break |
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10:30 AM - 11:15 AM |
Easement Descriptions |
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— Don F. Dagenais |
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- Legal Descriptions
- Defining the Easement
- The Easement Survey
- Changes in Location of the Easement
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11:15 AM - 12:00 PM |
Title Insurance Relating to Easements |
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— Kellee P. Dunn-Walters |
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- The Easement as a Title Exception
- The Easement as an Insured Parcel
- Insuring the Easement in the Loan Policy
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12:00 PM - 1:00 PM |
Lunch (On Your Own) |
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1:00 PM - 2:00 PM |
Tips for Drafting Easements |
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— Kellee P. Dunn-Walters |
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- Items to Include
- Grantor and Grantee
- Successors and Assigns
- Dominant and Servient Tenements
- Legal Descriptions
- Duration
- Exclusive vs. Nonexclusive
- Use and Restrictions
- Appurtenant vs. Easement in Gross
- Future Obligations of the Parties
- Indemnities and Insurance
- Recording Requirements
- Special Issues in Cross-Easement Agreements
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2:00 PM - 2:45 PM |
Termination of Easements |
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— David L. Rein, Jr. |
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- Deed
- Release
- Expiration by Its Terms
- Doctrine of Merger
- Termination by Servient Tenement Owner
- Violation by Easement Owner (Incompatible Acts)
- Nonuse and Abandonment
- Estoppel
- Lack of Necessity (Easement by Necessity)
- Adverse Possession
- Permission (Prescriptive Easements)
- Condemnation
- Cross-Easement Agreements
- Vacation of Easements by Public Entities
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2:45 PM - 3:00 PM |
Break |
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3:00 PM - 4:00 PM |
Ethical Considerations in Real Estate Law |
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— Don F. Dagenais |
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- Conflicts of Interest
- Conflict Waivers and Nonwaivable Conflicts
- Business Conflicts
- Prospective Clients
- Conflicts Within Law Firm
- Disclosure Issues
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4:00 PM - 4:30 PM |
Resolving Easement Disputes |
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— Michele F. Sutton |
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- Easement Boundary Disputes
- Other Easement Disputes
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