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| From Event: Boundary Disputes: Determining Ownership When Lines are Blurred, held December 2011.
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Program Description
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Resolving boundary disputes can be some of the toughest challenges you'll be called on to handle. Since they arise on a fairly regular basis, you need to be able to identify problems and find solutions that all parties can agree on. Knowing what to do ahead of time can ensure that you'll be able to handle anything that comes your way. Be prepared by gaining the insight you need to confidently tackle these tough situations. Identify the nature of the dispute by understanding critical components of the survey. Knowledgeably weigh in on the different solutions available in cases of unresolved boundaries and unwritten title transfers. Resolve disputes over roads and easements with an in-depth understanding of right-of-way problems and solutions. Examine water boundary disputes with an eye to the special considerations that govern naturally shifting property. Achieve your resolution goals out of court by knowing how to use each of the various pre-trial solutions available. Learn to resolve these disagreements smoothly and easily.
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Course Content
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- The Role of Land Surveying on Boundary Dispute Resolution
- Solutions to Unresolved Boundaries
- Dealing With Unwritten Title Transfers
- Handling Right-of-Way Problems
- Water Boundaries – What Are Your Rights, Responsibilities and Potential Liabilities
- Boundary Dispute Resolution
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Continuing Education Credits:
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Continuing Legal Education - CLE: 7.00 FL - *Credit Approval Expiration 06/01/2013
* denotes specialty credits
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Agenda / Content Covered:
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- THE ROLE OF LAND SURVEYING ON BOUNDARY DISPUTE RESOLUTION
9:00 - 10:00, Isabelle C. Lopez - What a Modern Survey Should Reflect
- The Role a Land Surveyor Plays
- Fundamentals of a Survey: A Systematic Approach to Boundary Survey Problems
- Residential, Commercial and Construction Surveys - "Mortgage" vs. "ALTA as Built"
- The Surveyor's Obligations to You in Relation to Environmental Problems
- Noting Restrictions, Encroachments, Zoning, Flood Plains and Similar Matters
- Certification and Seal: Why, When and Where
- Q & A Session
- SOLUTIONS TO UNRESOLVED BOUNDARIES
10:15-11:15, Isabelle C. Lopez - Conflicting Title Elements
- Subdivision - Where Are the Boundaries?
- Miscellaneous Matters
- Q & A Session
- DEALING WITH UNWRITTEN TITLE TRANSFERS
11:15 - 12:15, Joel Settembrini Jr. - Adverse Possession
- Descent/Intestate Succession
- Divorce/Family Transfers
- Acquiescence
- Estoppel
- Parol Agreement
- Q & A Session
- HANDLING RIGHT-OF-WAY PROBLEMS
1:15 - 2:15, Joel Settembrini Jr. - Highways, Roads and Streets
- Control Supervision and Management
- Abandonment, Discontinuance and Vacation
- Easements
- Prescriptive Rights
- Utilities
- Condemnation
- Municipal Resolutions
- Q & A Session
- WATER BOUNDARIES - WHAT ARE YOUR RIGHTS, RESPONSIBILITIES AND POTENTIAL LIABILITIES?
2:15 - 3:15, M.B. Adelson IV - Water Course as a Boundary
- Riparian Rights
- Flood Plains
- Accretion, Avulsion and Erosion
- Wetlands
- Storm Water
- Public Trust Doctrine
- Q & A Session
- BOUNDARY DISPUTE RESOLUTION
3:30 - 4:30, M.B. Adelson IV - Boundary Agreements
- Affidavits
- Quiet Title Action
- Resolving Conflicting Legal Descriptions
- Using Land Surveys to Resolve Disputes
- Tips, Techniques and Strategies for Resolving Disputes Without Going to Court
- Working With Your Attorney to Prepare for Litigation
- Case Studies and Hypotheticals
- Q & A Session
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M.B. ADELSON IV is an attorney with the Law Offices of M.B. Adelson IV, P.A., in Tallahassee, where he practices throughout Florida and in other states with emphasis on natural resources and environmental law; land use; environmental resource permitting and remediation; regulatory agency and administrative law; protected species; public lands; submerged lands and wetlands; riparian and littoral rights; surface waters, real property transactions; due diligence and title and boundary examination; easements; private property rights; construction and surety law; coastal construction and dredging; port facilities and marinas; constitutional law; and administrative, state, federal and appellate litigation. Mr. Adelson was the chief permitting attorney for water resources in the Florida Department of Environmental Protection, and also served the Divisions of Marine Resources, Law Enforcement, State Lands, Beaches and Coastal Systems, Recreation and Parks in the Department of Environmental Protection and its predecessor, the Department of Natural Resources. He is a retired Army officer, and active in a number of legal and community organizations. Mr. Adelson is a member of The Florida Bar (Administrative Law, and Environmental and Land Use Law sections) and is admitted to practice in the Florida federal courts. He earned his B.A. degree from the Virginia Military Institute, his M.S. and M.B.A. degrees from the Florida Institute of Technology, and his J.D. degree from Florida State University. ISABELLE C. LOPEZ is the assistant city attorney with the City of St. Augustine, and former senior assistant county attorney for St. Johns County. Previously she was a partner in private practice with two statewide firms based in Jacksonville where her main areas of practice include commercial and residential real estate permitting, zoning, planning, property management, and procurement of government contracts and grants. Ms. Lopez earned her B.A. degree from McGill University and her J.D. degree from the University of Florida. She has been board certified as an expert in city, county and local government by The Florida Bar since 2004 and a member of The Florida Bar since 1996. Ms. Lopez is also a member of all U.S. District Courts of Florida, 11th Circuit Court of Appeal and the U.S. Supreme Court. She has been a certified county and circuit civil mediator since 2008. Ms. Lopez is a member of The Florida Bar's Statewide Board Certification Committee and former vice-chair of the Jacksonville Human Rights Commission. JOEL SETTEMBRINI JR. is a trial lawyer and counselor in sophisticated commercial matters at Smith Hulsey & Busey in Jacksonville, Florida. He has special expertise in the representation of landowners and condemning authorities in eminent domain proceedings. Prior to joining the firm in 1987, Mr. Settembrini practiced for 4 years with the Office of Chief Counsel, Internal Revenue Service. He is a member of The Florida Bar (Eminent Domain Committee), the Maryland Bar Association and the Association of Eminent Domain Professionals. Mr. Settembrini earned his undergraduate degree from the University of Maryland and his law degree from George Washington University.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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ACCREDITATION DETAILS:
Continuing Legal Education
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FL
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CLE:
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7.00
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Credit Approval Exp 06/01/2013
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Including - City, County, Local Government Law: 7.00, Real Estate: 7.00, State & Federal Government & Administrative Practice: 1.00
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Approved by The Florida Bar, this program may qualify for up to 7.0 general hours of CLER self-study credit including 0.0 hour of self-study ethics credit. Certification: 1.0 - State & Federal Government & Administrative Practice; 7.0 - City, County, Local Government Law; 7.0 - Real Estate.
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800.930.6182 |
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715.835.1405 |
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NBI
P.O. Box 3067
Eau Claire, WI 54702
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