Agenda / Content Covered

All times shown are in Eastern time
Presented by: M.B. Adelson LL.M.

1. Causes and Types of Boundary Issues
   10:00 - 10:30
   1. Deed, Legal Description and Survey Issues
   2. Trespassing and Encroachment Disputes
   3. Adverse Possession Claims
   4. Access Issues, Easement Disputes and Licenses
   5. Nuisance
   6. Issues with Zoning, Subdivision or Other Ordinances
2. Surveys, Deeds, Plat Maps and More: Locating Boundaries
   10:30 - 11:15
   1. Utilizing and Reading Land Surveys
   2. Investigating Deeds, Plat Maps, Easements and More
   3. Assessing Boundary Agreements (Expressed, by Acquiescence, Estoppel and Practical Location)
   4. Statements From Current/Past Owners, Neighbors and Other Witnesses
   5. Investigating Physical Indicia of Boundaries
3. Reviewing Title Commitments and Assessing Insurance Coverage
   11:30 - 12:00
   1. Identifying Recorded Easements, Roads and Restrictions
   2. Cross-Reading the Title Commitment and Survey
   3. Evaluating Coverage for Boundary Defects
4. Easement and Boundary Line Agreements: Drafting and Negotiating
   12:00 - 12:45
   1. Drafting Demand Letters
   2. Resolving the Dispute - Amicably
   3. Practical Negotiating Techniques
   4. Dealing with Impasse
   5. Drafting the Agreement
   6. Executing and Recording the Agreement
   7. Sample Agreements
5. Negotiating Buyouts and Adjusting Boundary Lines
   1:15 - 2:00
   1. Using Appraisals to Determine the Value of Property
   2. Negotiating Buyouts
   3. Negotiating Damages in Trespass and Encroachment Cases
   4. Transferring Pieces of Land Using Deeds
   5. Boundary Line Adjustments
   6. Working with Government Agencies for Changes in Plats/Zoning Issues
6. Adverse Possession Claims: Proving or Defending
   2:00 - 2:45
   1. Adverse Possession vs. Prescriptive Easements
   2. Time Requirements
   3. Proving or Disproving That the Key Elements Have Been Met
      1. Entry and Exclusive Possession
      2. Open and Notorious Possession
      3. Hostile, Adverse Use
      4. Continuous Use (and Issues of Tacking)
   4. Applying Case Law
7. Litigation: Quiet Title Actions, Ejectment, Trespass and More
   3:00 - 4:00
   1. Litigating vs. Arbitrating or Mediating Boundary Disputes
   2. Determining the Cause of Action
   3. Complaint, Counterclaims and Defenses
   4. Discovery and Deposition Tips
   5. Effective Motion Practice
   6. Using Experts
   7. Applying Evidentiary Rules and Addressing Hearsay
   8. Trial Preparation and Presentation
8. Ethics in Boundary Law
   4:00 - 5:00
   1. Acting in Good Faith
   2. Attorney Fees
   3. Avoiding Conflicts
   4. Following the Limitations Imposed by Statute and Common Law
   5. Ethics in Quiet Title Actions

Accreditation Details:

M.B. ADELSON LL.M. is the managing member of the Law Offices of M.B. Adelson IV, P.A., in Tallahassee, Florida. He practices throughout Florida and consults nationwide on property and property rights law, natural resources (especially water), and environmental law; property title and boundary issues, easements, shoreline property rights, and submerged lands; public lands, resource conservation, agriculture, and protected species; fisheries resources; boat ramps, docks, marinas, and waterway access; local, state, and federal regulatory agency licensing, permitting, compliance, and remediation; firearms ownership and firearms business laws; inheritance estates and trusts; business entity formation and operation; professional ethics; and administrative and judicial trial and appellate litigation. Mr. Adelson is a certified mediator, a member of The Florida Bar, and is admitted in the Florida federal courts. He served in the Florida Department of Environmental Protection, the Florida Department of Natural Resources, and has been in private practice since 2001. Mr. Adelson is a retired U.S. Army officer. He is a federal firearms license (FFL) holder and he advises and supports firearms owners, manufacturers, retailers, and shooting ranges. Mr. Adelson is a life member of the National Rifle Association, Ducks Unlimited, and North American Fishing Club; and he supports Olympic, military, and youth marksmanship teams. He is active in the FSU College of Law Environmental Law Society, moot court teams, and other college and community-related activities. Mr. Adelson holds a B.A. degree from Virginia Military Institute, an M.S. degree and M.B.A. degree from Florida Institute of Technology, and a J.D. degree and LL.M. degree from Florida State University College of Law. His LL.M. degree dissertation studied shoreline property rights and associated access/egress easements.