Live Seminar

Boundary Issues and Easement Law

Seminar

Date:

Tuesday, March 13, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78400ER

Location:

Holiday Inn-Williston Road

1068 Williston Road

South Burlington, VT 05403

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NH CLE - 6.00
  • VT CLE - 6.00

Other

  • AICP - 6.00
  • Insurance - 6.00
  • IACET - 0.60
  • Surveyor - 6.00

Program Description

Confidently Advise Clients on Boundary and Easement Matters

How confident are you in your abilities to represent a client who comes to you seeking legal advice or actions regarding a boundary dispute? Are you able to work through common easement issues from creation to termination? Boundary predicaments are the bread and butter of real property practices but are also some of the most complicated cases requiring extensive due diligence. This informative program will review the fundamentals of easements from an expert attorney's view so you can remain up to date. Learn how to evaluate and resolve boundary related disputes using remedies and strategies that will provide your clients with the best outcome. Register today!

  • Understand the differences in easement types and know how to decide which is most advantageous for your client.
  • Effectively draft legally sound easements that will hold up for years to come.
  • Identify options for terminating or releasing easements quickly and painlessly.
  • Know the first steps to take when a boundary dispute develops.
  • Review how to remain ethical during quiet title actions.

Who Should Attend

This basic-to-intermediate level course is designed for attorneys. Other professionals who may benefit from this legal overview include: surveyors, engineers, architects, developers, planners, local government officials, and real estate and title insurance professionals.

Course Content

  • Defining Easement Types
  • Creating and Enforcing Easements
  • Terminating or Releasing Easement Options
  • Evaluating Boundary Evidence
  • Resolving Boundary Disputes
  • Ethics in Boundary Law

Continuing Education Credit

American Institute of Certified Planners – AICP: 6.00

Continuing Legal Education

Credit Hrs State
CLE 6.00 -  NH*
CLE 6.00 -  VT*

Insurance – Insurance: 6.00 *

International Association for Continuing Education Training – IACET: 0.60

Surveyor – Surveyor: 6.00


* denotes specialty credits

Agenda / Content Covered

  • Defining Easement Types
    9:00 - 10:00, Timothy L. Short
    • Grant or Reservation
    • Implication
    • Necessity or Quasi-Easements
    • Prescriptive Easements
    • Easement Created by a Mortgage
    • Easement by Estoppel
    • Which Easement is Best for Your Client?
  • Creating and Enforcing Easements
    10:15 - 11:15, Richard J. Fox
    • Defining the Parties Involved
    • Choosing an Easement in Gross or Appurtenant Easement
    • Drafting the Property Description
    • Ensuring all Parties Agree to the Purpose
    • Scope of the Easement and Overburdening Issues
  • Terminating or Releasing Easement Options
    11:15 - 12:15, Richard J. Fox
    • Express Release
    • Abandonment
    • Change in Use by Dominant Tenant
    • Merger
  • Evaluating Boundary Evidence
    1:15 - 2:15, Timothy L. Short
    • Improper Description Examples
    • Natural and Artificial Boundary Markers
    • Surveys
    • Maps
    • Personal Testimonials and Statements
    • Historical Records
  • Resolving Boundary Disputes
    2:15 - 3:15, Richard J. Fox
    • Rights of Possession
    • Boundary Agreements
    • Affidavits
    • Junior and Senior Rights
    • Quiet Title Action: Declaratory Judgment Actions and Permanent Injunctions
    • Using Land Surveys to Resolve Disputes
    • The Role of Title Companies
  • Ethics in Boundary Law
    3:30 - 4:30, Richard J. Fox
    • Acting in Good Faith
    • Following the Limitations Imposed by Statute and Common Law
    • Ethics in Quiet Title Actions
    • Calculating Fair Attorney Fees

RICHARD J. FOX is an attorney with the Law Office of Richard J. Fox PLLC, where his practice focuses on commercial and residential real estate, construction law, and property related litigation. As legal counsel, he represents buyers, sellers, and lenders in residential and commercial real estate transactions, including title searches and closings, as well as property dispute resolution through mediation and litigation. As a title insurance agent, Mr. Fox reviews title opinions and issues title insurance policies. He acts as counsel to multiple small businesses, with duties including contract drafting and negotiation, transactional work, corporate filings, and compliance issues. Mr. Fox has been a featured presenter at national and local continuing legal education (CLE) seminars on construction law, real estate law, landlord-tenant law, and title insurance for numerous providers of legal and professional education. He is admitted to practice in Vermont and Massachusetts and before the U.S. District Court for the District of Massachusetts. Mr. Fox is a member of the Vermont, Massachusetts, and Chittenden County bar associations, and is an agent for Vermont Attorneys Title Corporation. He earned his B.A. degree from Rutgers College and his J.D. degree from The George Washington University Law School.

TIMOTHY L. SHORT is the president of Short Surveying Inc. Mr. Short has lectured on historical pieces and has been the chair of round tables for the Vermont Society of Land Surveyors for the Vermont State Board. He is on the Vermont State Board for Land Surveyors and is a member of the Vermont Society for Land Surveyors. Mr. Short is board certified for land surveying by the Vermont State Licensing Board. He has been a licensed land surveyor in Vermont since 1991. He has surveyed land in Alaska and New York for 1 year each and has been surveying in Vermont since 1987. Mr. Short earned his B.S. degree in geology from Plattsburgh State University.

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

Accreditation Details:

American Institute of Certified Planners

N AICP: 6.00
This activity has been approved by American Institute of Certified Planners for 6.0 CM credits, including 1.5 law credits. 100% attendance is required to receive CM credit.


Continuing Legal Education

NH CLE: 6.00 Includes - Ethics: 1.00
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.


VT CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Vermont Board of Mandatory Continuing Legal Education for 6.0 hours of credit, including 1.0 hour of ethics.


Insurance

VT INS: 6.00 Includes - General: 6.00
This program has been approved for 6.0 hours of Vermont insurance credit. (Provider #107412; Course # 27463)


International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. List three different types of easements. 2. Describe how the property description is used when creating an easement. 3. Explain how abandonment is used to terminate an easement. 4. Distinguish between natural and artificial boundary markers. 5. Explain how to use land surveys to resolve disputes. 6. Distinguish between ethical and unethical practices.

Surveyor

VT SV: 6.00
This educational activity has been approved by the Vermont Board of Land Surveyors for 6.0 PDH's of continuing education credit.


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Questions


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702