Are you confident that you can manage road and access issues with your current level of understanding? Are you ready to deal with a case that can be fraught with emotions? Order today to enhance your decision-making abilities and get prepared to sharpen your legal knowledge to handle these tough situations.

1. Public Roads: Creation and Use
2. Private Roads: Creation and Use
3. Abandonment and Vacation of Land
4. Road and Access Pitfalls When Handling Real Estate Transactions
5. Common Road and Access Problems and Solutions

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. PUBLIC ROADS: CREATION AND USE
   9:00 - 10:15, A. Bernard Bays
   1. Special Circumstances Surrounding Public Roads on Record
   2. Off Record: Is It Legitimately a Public Road?
   3. What Influences the Scope of the Road Right of Way
   4. Legal Rights of Property Owners vs. Municipalities
   5. Eminent Domain and Easements for Public Roads
2. PRIVATE ROADS: CREATION AND USE
   10:30 - 11:45, Craig P. Wagnild
   1. How Private Roads Are Created
   2. Look In Depth at the Types of Easements
   3. Prevent Surprises When Dealing with the Scope of the Easement
   4. Creating, Drafting and Maintaining Easements
   5. Private Condemnation - Know What the Issues Are
   6. How to Resolve Subdivision Road and Access Disputes
   7. Gray Areas Related to Maintenance and Repair
3. ABANDONMENT AND VACATION OF LAND
   12:45 - 2:00, A. Bernard Bays
   1. Vacation of Public Roads
      1. When a Statutory Vacation Should Be Initiated
      2. Abandoned Road Bed: Who Owns It? Who Can Use It?
   2. Termination of Private Easements
      1. The Test of a Common Law Abandonment
      2. What Must Be in Place for Adverse Possession and Use to Occur
   3. How to Navigate the Abandonment Process
4. ROAD AND ACCESS PITFALLS WHEN HANDLING REAL ESTATE TRANSACTIONS
   2:00 - 3:15, Craig P. Wagnild
   1. Frequently Asked Transaction Questions - Answered
   2. What Title Insurance Can Reveal
   3. How to Determine Legal Access by Deed
   4. The Best Defense Against Contractual Protection
   5. Solving Road and Access Issues that Arise During Real Estate Transactions
5. COMMON ROAD AND ACCESS PROBLEMS AND SOLUTIONS
   3:30 - 4:30, A. Bernard Bays
   1. Disputes Between Private Landowners
   2. Impact of Road and Access Disputes on Title
   3. Landlord/Owner Liability for Third Party or Public Use Easements
   4. Overweight Vehicle Permits

A. BERNARD BAYS is a partner in the Honolulu law firm of Bays Deaver Lung Rose & Holma, where he concentrates on real estate law and litigation, land use law and litigation, real estate development law, commercial and business litigation including antitrust claims, condemnation, and partnership and shareholder disputes. Because of the stringent experience and testing requirements, Mr. Bays is one of only a handful of attorneys in Hawaii who is Board Certified in Civil Trial Advocacy by the National Board of Legal Certification and Certified as a Specialist in Civil Trial Advocacy by the Hawaii Supreme Court. He has repeatedly been selected as one of the Best Attorneys in Hawaii by Honolulu magazine. His experience encompasses a broad range of business and real estate cases. Mr. Bays has represented clients in landmark cases before the Hawaii Intermediate Court of Appeals, the Hawaii Supreme Court and the Supreme Court of the United States. He is a licensed real estate broker and is a frequent speaker at seminars on litigation skills, real estate law and professional liability. Mr. Bays also has written numerous articles on real estate law and litigation. He earned his B.A. degree in economics from the University of Southern California and his J.D. degree from Stanford Law School, where he was selected to the Law Review.

CRAIG P. WAGNILD is a partner at the Honolulu law firm of Bays Deaver Lung Rose & Holma, where his practice areas include real estate transactions, real property development, commercial leasing, corporation and business entity structuring, formation and management, general business advice, and international business transactions. He serves as a professor of Japanese law at the University of Hawaii Schidler College of Business, and is a regular speaker at NBI and other seminars on issues relating to real estate, entity formation, and the sale/acquisition of businesses in Hawaii. Mr. Wagnild is admitted to practice in Hawaii, Washington, and the U.S. District Courts of Hawaii and Washington. He is a member of the Hawaii, Washington, American and Inter-Pacific bar associations, as well as the Japan-America Society of Hawaii. He is the former chair of the Hawaii State Bar Association Business Law Section and former chair of the International Law Section. He currently serves as Vice-President of the HSBA and will serve as President of the HSBA in 2013.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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