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. Current Case Law and Legislative Update
2. Creation and Use of Public Roads
3. Ins and Outs of Private Road Creation and Use
4. Abandonment and Vacation Considerations
5. Road and Access Pitfalls When Handling Real Estate Transactions
6. Trial Preparation and Litigation of the Road and Access Case

Continuing Education Credits:   

* denotes specialty credits

1. CURRENT CASE LAW AND LEGISLATIVE UPDATE
   9:00 - 10:00, David C. Brennan
2. CREATION AND USE OF PUBLIC ROADS
   10:15 - 11:15, Steven G. Schassler
   1. The "Highway by Use"
   2. Off Record: Is it Legitimately a Public Road?
   3. What Influences the Scope of the Road Right of Way
   4. Special Circumstances Surrounding Public Roads on Record
3. INS AND OUTS OF PRIVATE ROAD CREATION AND USE
   11:15 - 12:15, Robert J. Gagen
   1. An In-Depth at Types of Easements
   2. Scope of the Easement Issues
   3. Creating and Maintaining Easements
   4. How Private Roads are Created
   5. Private Condemnation - What are the Issues?
   6. How to Resolve Subdivision Road and Access Disputes
   7. Maintenance and Repair
4. ABANDONMENT AND VACATION CONSIDERATIONS
   1:15 - 2:15, David C. Brennan
   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 Initiate the Abandonment Process
5. ROAD AND ACCESS PITFALLS WHEN HANDLING REAL ESTATE TRANSACTIONS
   2:15 - 3:15, Robert J. Gagen
   1. Frequently Asked Transaction Questions - Answered
   2. What Title Insurance Can Reveal
   3. How to Determine Legal Access to Property by Deed
   4. Solving Road and Access Issues That Arise During Real Estate Transactions
6. TRIAL PREPARATION AND LITIGATION OF THE ROAD AND ACCESS CASE
   3:30 - 4:30, Steven G. Schassler
   1. Investigating the Case
      1. Current Trends in Historical Research
      2. How to Read Between the Lines of a Survey
      3. Title Search - What to Look For
   2. Trial Tips and Tactics
   3. How to Use a Declaratory Judgment to Nip Controversies in the Bud
   4. What Constitutes a Valid Discontinuance

DAVID C. BRENNAN is a partner with Young Sommer, LLC, where his legal practice includes, environmental law and compliance, real estate matters, representation of clients seeking governmental approvals and litigation of land use issues. Mr. Brennan's representation of private and municipal clients includes significant experience with counseling and conducting environmental reviews (SEQRA) and litigation before a variety of courts to defend such approvals. He has extensive experience with issues related to telecommunications sitting and permitting and has served as special counsel or Town Attorney for a variety of municipalities on issues related to land development, permitting, zoning, mining and telecommunications. Additionally, Mr. Brennan served as a Town Justice for seven years. He previously worked as an engineer where, he concentrated on project design, providing engineering services to municipalities and private developers. He graduated, cum laude, from Albany Law School with a concentration in environmental law and holds a Bachelor of Science in environmental engineering from Rensselaer Polytechnic Institute.

ROBERT J. GAGEN is a sole practitioner in Hudson, where he practices in the areas of estate planning, real estate, personal injury, commercial, civil, criminal, litigation, bankruptcy, administrative and environmental law. He has served as an instructor of law at Columbia Green Community College and is a current member of the Columbia County (past president and past vice president and treasurer), New York State and American bar associations and The Association of Trial Lawyers of America. Since 1992, Mr. Gagen was a surrogate court hearing officer between 1992-2000. He also was the City Attorney for the City of Hudson between 2006-2007. Mr. Gagen earned his B.A. degree from Manhattan College and his J.D. degree from the University of North Dakota.

STEVEN G. SCHASSLER is a sole practitioner in Valatie, New York, practicing in the areas of environmental, land use, energy, telecommunications, construction contract claims, and mechanic's lien law. In addition, he is an assistant district attorney in Columbia County. Mr. Schassler has been a frequent speaker at the Business Counsel of New York on environmental issues and has also lectured on the impact of environmental issues in real estate transactions. Prior to his decade of service as the capital region regional director for New York Department of Environmental Conservation, Mr. Schassler was a partner in the law firm of Watt, Tieder, Hoffar & Fitzgerald, LLP, where he specialized in construction, government contracts, surety and real estate business law. Prior to his legal career, he worked as a civil engineer on highway, airbase and other heavy civil projects in Saudi Arabia, Israel and the Dominican Republic. He earned his B.S.C.E. degree from the University of Maryland and his J.D. degree from Washington College of Law. Mr. Schassler is a member of the District of Columbia Bar, the Virginia and New York State bar associations. 

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