Between terminology nuances and shifts in emphasis on proving intent and use, you need to be up to speed before litigating easement and restrictive covenant disputes. Save precious time down the road by getting the latest court decisions and practical tips from experienced practitioners in the field. They'll examine the issues at play and the pitfalls to avoid, so you can effectively prepare and argue your case. Order today!

1. Overview of Servitudes (Easements, Profits, Covenants)
2. Burden of Proof: Establishing Your Claim
3. Investigation: What Crucial Evidence are You Looking For?
4. Drafting Descriptions and Agreements to Avoid Disputes
5. Presenting Your Case
6. Case Law Update
7. Real-Life Ethics In Property Disputes

OVERVIEW OF SERVITUDES (EASEMENTS, PROFITS, COVENANTS)
9:00 - 9:45, Edward A. Proctor

• Servitudes and the Rights Associated With Them
• Issues Arising From Confusion on Terminology: Is it an Easement, Covenant, Lease or License?
• Creation of Servitudes
• Can a Landowner Alter a Servitude?
• Abandonment and Extinguishment

  BURDEN OF PROOF: ESTABLISHING YOUR CLAIM
9:45 - 10:30, Edward A. Proctor

• Elements That Need to be Established (by Type of Easement)
• Dealing With Vague and Ambiguous Legal Descriptions and Documentation
• Age of Evidence: How Old is Too Old?
• When Evidentiary Presumptions Exist

  INVESTIGATION: WHAT CRUCIAL EVIDENCE ARE YOU LOOKING FOR?
10:45 - 11:30, Edward A. Proctor

• Field Investigation: Key Considerations When Viewing the Property
• The Title Search From Start to Finish: What to Look For
• Importance of the Survey

DRAFTING DESCRIPTIONS AND AGREEMENTS TO AVOID DISPUTES
11:30 - 12:15, Charles T. Riehl

• How to Write Descriptions to Avoid Future Disputes
• What to Include in Written Easement Agreements
• When Should Easement Agreements be Updated or Amended?

  PRESENTING YOUR CASE
1:15 - 2:45, Gerald J. Patronite

• Pleadings
• Important as Notice of Claim
• Notice of Lis Pendens
• Injunctive Relief
• Pretrial
• Scheduling Conference and Pretrial: Narrowing Down Issues
• Getting Summary Judgment
• ADR vs. Trial
• Trial
• Hearsay Issues
• Parole Evidence
• Strategies for Trying Your Case
• The Judgment

CASE LAW UPDATE
3:00 - 3:30, Charles T. Riehl

REAL-LIFE ETHICS IN PROPERTY DISPUTES
3:30 - 4:30, Gerald J. Patronite

• Attorney-Client Relationship
• Dealing With the Difficult Client
• Truthfulness in Negotiations
• Partial Settlement: Is it in the Client's Best Interests?

GERALD J. PATRONITE is an attorney in Greater Cleveland who has practiced real estate transactional and litigation law for over 30 years. Mr. Patronite's and his associates' clients include a broad base of buyers and sellers of residential and commercial real estate, developers, brokers,  commercial landlords and tenants, title agencies, condominium and neighborhood associations, and related zoning and ?Land Use? clients. He has served on a suburban BZA, and has advised city officials in municipal hearings and assisted them in drafting ordinances and related regulations. Mr. Patronite has prosecuted or defended many clients in breach of contract and seller (civil) fraud cases, condominium associations and their officers and insurers, drafted commercial and residential condominium declarations and bylaws, and private and public deed restrictions. He earned his B.A. degree from The Ohio State University and his J.D. degree from Cleveland-Marshall College of Law.

EDWARD A PROCTOR is an attorney with Giffen & Kamiski, LLC. Mr. Proctor practices in the areas of real estate litigation, title insurance litigation, complex civil litigation and creditors' rights. He is a member of the Ohio State and Cleveland Metropolitan bar associations, the Cleveland Area Board of Realtors and the Ohio Society of Certified Public Accountants. Mr. Proctor earned his B.S.B.A. degree from John Carroll University, his M.B.A. degree from Baldwin-Wallace College and his J.D. degree from The Ohio State University College of Law.

CHARLES T. RIEHL is a partner of the Cleveland law firm of Walter & Haverfield LLP, where he practices in the areas of business litigation services, environmental law, municipal law, public law and real estate law. Mr. Riehl divides his practice between private client representation for the firm's litigation group and municipal representation for its public law group. In his municipal practice, he serves as law director of the city of Hudson, and the villages of Cuyahoga Heights, Richfield and Gates Mills, Ohio. Mr. Riehl has formerly served as the law director of Shaker Heights and Solon. As part of his public law practice, he has dealt with a wide variety of zoning, telecommunications, employment, civil service, environmental and construction issues. Mr. Riehl has established a regional council of governments for housing purposes and helped establish non-profit corporations for public self-insurance pools. As an accomplished appellate lawyer, he has argued a number of notable cases. Mr. Riehl is a member of the Cuyahoga County Law Directors Association, the Ohio State and American bar associations, and the National Institute of Municipal Law Officers. He earned his B.A. degree from Colgate University and his J.D. degree from Case Western Reserve University, where he was research editor for the Case Western Reserve Law Review.

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