Legal Descriptions, Title Insurance, and Surveys in Ohio Real Estate Transactions

Agenda / Content Covered

1. Legal Descriptions That Don't Close
   9:00 - 10:00, Rebecca A. Bowman
   1. Types and Review - Metes and Bounds
   2. Bad Descriptions; Missing Calls; Typos that Get Passed from Deed to Deed; Typographical Errors; Vague and Inaccurate Documents
   3. Resolving Conflicting Legal Descriptions
   4. Discrepancies Between Legal Description in Mortgage and as Assessed by the Municipality
   5. The Inappropriate Use of Tax Parcels as Legal Descriptions
   6. Legal Descriptions in Foreclosure Proceedings and Defects as They Affect Bankruptcy
   7. Scrivener's Affidavit or Corrective Deed?
2. Surveying Skills for the Real Estate Attorney
   10:00 - 11:00, Martina Nelson
   1. State Surveying Standards
   2. ALTA/NSPS Survey Standards and Compliance
   3. Types of Surveys and How to Read Them
   4. Preparation of the Boundary Survey
   5. Survey Review, Issues, and the Impact on Title
   6. Inaccurate/Incomplete and Conflicting Surveys and Surveyor Reports
   7. Meander Lines and Related Boundaries
   8. Compensating/Adjusting Missing Markers and References That Don't Match
   9. Changed Physical Feature Issues
   10. Zoning Restrictions
   11. Environmental Issues on Surveys
3. Title Insurance Dissection - Real-World Examples
   11:15 - 12:15, Daniel L. Bey
   1. Title Standards
   2. Marketable Title vs. Insurable Title
   3. The Title Insurance Commitment and Policy
   4. Insurance Coverage Expectations
   5. Title Insurance Exclusions and Exceptions
   6. Title Endorsements
   7. Recognizing and Curing Title Defects
   8. Effect of Warranty Deed
4. Cross-Reading Title Reports and Surveys; Title Objections
   1:15 - 2:15, Martina Nelson
   1. Survey Coverage, and the Relationship Between Title Insurance and Survey Coverage
   2. Cross-Reading Surveys, Legal Descriptions, and Title Commitments
   3. Title Objections: When They Should and Shouldn't be Made
   4. Title and Survey Objection Letters (With Sample)
5. Handling Complex Boundary, Easement, and Encroachment Issues
   2:15 - 3:15, Sophia R. Holley
   1. Encroachment and Adverse Possession Issues
   2. What to do When Buildings and Fences are not Right
   3. How to Prove/Disprove Non-Recorded Easements
   4. Implied, Prescriptive, and Easements by Estoppel
   5. Terminating Existing Easements
   6. Boundary Line Adjustments and Agreements
6. Legal Ethics
   3:30 - 4:30, Daniel L. Bey
   1. Conflicts of Interest
   2. Disclosure of Defects in Property
   3. Liability in Title Examinations
   4. Attorneys' Fees

Accreditation Details:

Daniel L. Bey is a partner at Martin, Browne, Hull & Harper PLL. Mr. Bey focuses his practice on real property transactions and litigation, easement and lease negotiations, corporate planning and transactions, public entity law, royalty litigation, estate planning, and probate litigation. In addition to his law license, he is a licensed title insurance agent with the state of Ohio. Mr. Bey provides extensive experience in negotiating, insuring, and closing agricultural, residential, and commercial transactions. He earned his B.A. degree from Wittenberg University, his J.D. degree from Ohio Northern University College of Law, and his LL.M. degree in democratic governance and the rule of law from Ohio Northern University College of Law. Mr. Bey frequently presents at CLEs on real property topics and has published numerous articles.

Rebecca A. Bowman is the principal of Rebecca A. Bowman, P.E. She focuses her practice in estate planning and administration, guardianship, and conservatorships, as well as real estate. Ms. Bowman is a certified arbitrator and mediator. She is also a registered professional engineer. She is a member of the National Society of Professional Engineers, American Arbitration Association, Financial Industry Regulatory Authority, and the American Bar Association; and is a long-time columnist on risk management for the PE Reporter. Ms. Bowman earned her B.S. degree from the University of North Dakota School of Law, her M.B.A. degree from Oklahoma University, and her J.D. degree from Duquesne University School of Law. She was recently named the senior director for Ethics and Professional Responsibility for the National Society of Professional Engineers.

Sophia R. Holley is a partner in the litigation and real estate groups of the law firm of Keating Muething & Klekamp PLL, practicing in Ohio and Northern Kentucky. Ms. Holley has considerable first-chair trial experience, including a complete defense victory obtained in a preliminary injunction hearing against an international company with over $23 billion in global revenue. She has been recognized as a PLEDGE emerging leader with the John W. Peck Cincinnati-NKY Chapter of the Federal Bar Association based upon her trial work. Ms. Holley represents clients in areas of land use and zoning, lease disputes, commercial and residential property sale disputes, boundary lines and easements, eminent domain, and real estate value reductions. She earned her B.A. degree the University of Kentucky and her J.D. degree from the University of Cincinnati College of Law. Ms. Holley is admitted to practice in Ohio and Kentucky. She is a member of the Commercial Real Estate Women (CREW); the American Planning Association, Ohio Chapter; the Cincinnati Federal Bar Association; The Potter Stewart American Inn of Court; the Cincinnati Bar Association; and the Kentucky Bar Association.

Martina Nelson is the owner of Park City Surveying, where she handles boundary surveys, topographic mapping, construction layout surveys, subdivision plats, infrastructure construction layout, and ALTA surveys. Ms. Nelson has provided courtroom expert witness testimony. She is on the Ethics Committee of the Utah Council of Land Surveyors. Ms. Nelson attended The Ohio State University and Salt Lake Community College where she earned her Associate of Applied Science degree in land surveying.