Conflict is inevitable when it comes to road and access law and who is entitled to what. Yet when clients call you in to determine who has rights in an easement, private road or right-of-way dispute, traditional negotiating tactics can fall short. As a result, agreements blow up, cases don't settle and - too often - you end up in court. You need advanced techniques if you're to change the game from conflict to collaboration.

Expand your knowledge of road and access law and learn the finer points of resolving disputes in your client's favor. This legal briefing will explore the newest and best ways to provide the right advice when dealing with both public and private road creation and use issues. Save time and frustration by thoroughly understanding who supervises, manages and controls highways. Handle title insurance, deeds and other transactions in ways that will hold up in court, and much more. Walk away with a proven and positive approach for addressing and resolving disputes as they arise in the volatile environment of road and access law.

1. Establishing Easements
2. Abandonment and Vacation Considerations
3. Road and Access Pitfalls When Handling Real Estate Transactions
4. Common Road and Access Problems and Solutions
5. Trial Preparation and Litigation of the Road and Access Case
6. Ethical Considerations

Continuing Education Credits:   

* denotes specialty credits

ESTABLISHING EASEMENTS
9:00 - 10:00, Joseph F. Canepa, Faith Kalman Reyes and Thomas A. Simons IV

• Establishing Public Easements and Roads (Written by Joseph F. Canepa)
  • Public Prescriptive Easements
  • Implied Dedication-Public Road by Acquiescence
  • Condemnation and Express Dedication
  • Nature of Public Right of Ways
• Establishing Private Easements and Roads (Written by Thomas A. Simons IV)
  • Private Prescriptive Easements
  • Prescriptive Easements by and Against Governmental Entities
  • Nature of Prescriptive Easements
• Easements by Grant (Written by Thomas A. Simons IV)
  • How to Create Them
  • How Not to Create Them
  • What They Should Contain
• Other Easements (Written by Faith Kalman Reyes)

ABANDONMENT AND VACATION CONSIDERATIONS
10:15 - 11:15, Joseph F. Canepa, Faith Kalman Reyes and Thomas A. Simons IV

• Vacation of Public Roads(Written by Joseph F. Canepa)
  • Is Nonuse Enough?
  • Statutory Requirements
  • What is Left After Vacation?
• Termination of Private Easements (Written by Faith Kalman Reyes)
  • The Test of Common Law Abandonment
  • Is Nonuse Enough?
• Other Types of Termination (Written by Faith Kalman Reyes)
  • Cessation of Purpose
  • Prescription
  • Estoppel

ROAD AND ACCESS PITFALLS WHEN HANDLING REAL ESTATE TRANSACTIONS
11:15 - 12:15, Joseph F. Canepa, Faith Kalman Reyes and Thomas A. Simons IV. Written by Joseph F. Canepa.

• Answers to Frequently Asked Transaction Questions
• What Title Insurance Can Reveal
• How to Determine Legal Access to Property by Deed
• Solving Road and Access Issues That Arise During Real Estate Transactions

COMMON ROAD AND ACCESS PROBLEMS AND SOLUTIONS
1:15 - 2:15, Joseph F. Canepa, Faith Kalman Reyes and Thomas A. Simons IV. Written by Thomas A. Simons IV.

• Disputes Between Private Landowners
• Landlord/Owner Liability for Third-Party or Public Use Easements
• Overweight Vehicle Permits

TRIAL PREPARATION AND LITIGATION OF THE ROAD AND ACCESS CASE
2:30 - 3:30, Joseph F. Canepa, Faith Kalman Reyes and Thomas A. Simons IV. Written by Thomas A. Simons IV.

• Investigating the Case
  • Historical Research
  • How to Read Between the Lines of a Survey
  • Title Search: What to Look For
• Preparing the Case
• Trial Tips and Tactics
• How to Use Injunctions to Nip Controversies in the Bud
• The Judgment

ETHICAL CONSIDERATIONS
3:30 - 4:30, Joseph F. Canepa, Faith Kalman Reyes and Thomas A. Simons IV. Written by Faith Kalman Reyes.

• Attorney-Client Relationship
• Conflicts of Interest
• Disclosure/Truthfulness in Negotiations
• Due Diligence Obligations

JOSEPH F. CANEPA is a partner in the Santa Fe law firm of Canepa and Vidal, PA, where he concentrates his practice on real estate law and commercial and civil litigation. He also represents state and municipal entities in New Mexico in tort claim and civil rights defense. Mr. Canepa received his A.B. degree, summa cum laude, from Regis College and J.D. degree from the University of Notre Dame. He has presented lectures on Subdivision Law and Special Districts (SAD and PIDs) in New Mexico.

FAITH KALMAN REYES is with The Simons Firm, LLP. Her practice concentrates in numerous areas of general civil litigation, recently involving issues surrounding boundary and real estate law, employment law and business litigation. Ms. Reyes is a 1988 graduate of the Washington University School of Law in St. Louis, Missouri. During law school, she was the executive notes and comments editor for the Journal of Urban and Contemporary Law and received the American Jurisprudence Award for Land Use Law. She received her B.A. degree from George Washington University in Washington, D.C. in 1983, where she graduated Phi Beta Kappa and with special honors in American Civilization, her undergraduate major. Ms. Reyes is admitted to practice before the state courts of New Mexico, Tennessee and Illinois, along numerous federal courts. Ms. Reyes is a member of the American Bar Association, the State Bar of New Mexico, the Litigation and Labor and Employment sections of the American Bar Association and the New Mexico Defense Lawyers Association.

THOMAS A. SIMONS IV, opened The Simons Firm, LLP, in January 2001. Previously, Mr. Simons was a founding partner in the law firm of Simons, Cuddy & Friedman, LLP, established in 1981. Upon admission to practice law in both California and New Mexico in 1973, he moved to Santa Fe, where he was a law clerk for the Honorable William R. Hendley on the New Mexico Court of Appeals. He served as General Counsel for the New Mexico State Department of Education and then entered private practice. He was a partner in the firm of Sommer, Lawler, Scheuer and Simons, before opening his own practice and then founding the firm of Simons, Cuddy & Friedman, LLP. He was responsible for the rebirth of the New Mexico Defense Lawyers Association in the early 1980's.  He served as its president during 1984 and 1985 and was on the Board of Directors of that organization. Mr. Simons received his B.A. degree, magna cum laude, from Southern Methodist University and his J.D. degree from the University of California at Berkeley. He is admitted to practice for all New Mexico State Courts, for the United States District Court for the District of New Mexico and the United States Court of Appeals for the Tenth Circuit. He is a member of the First Judicial District Bar Association, the American Bar Association, the State Bar of New Mexico, the State Bar of California and the Federation of Corporate and Insurance Counsel. He was president of the New Mexico Defense Lawyers Association from 1984 to 1985.

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