Live Seminar

Resolving Boundary Disputes in Utah

Seminar

Date:

Thursday, March 15, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78398ER

Location:

Hampton Inn- Downtown Salt Lake City

425 South 300 West

Salt Lake City, UT 84101

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • UT CLE - 6.00

Other

  • Insurance - 7.00
  • IACET - 0.60
  • Real Estate - 7.00
  • Surveyor - 6.00

Program Description

A Comprehensive Guide to Resolving Disputes Over Boundaries, Easements and Encroachments

Disagreements over easements, encroachments and property lines are contentious, time-sensitive situations that require skilled attorneys. How comprehensive is your knowledge of the top boundary dispute resolution methods? When determining the validity of a claim, can you read surveys and legal descriptions with deftly accurate precision? If tensions escalate, can you strategically deploy prescriptive easements, quiet title actions and other tools of the trade to swiftly secure favorable outcomes for your clients? In this information-packed overview, you will not only receive a comprehensive knowledge of the inner workings of the top boundary dispute resolution mechanisms, but you will also gain valuable strategies on using the most appropriate methods that specific situations warrant. Gain a valuable edge in your next boundary dispute - register today!

  • Perfect your knowledge of the top boundary dispute resolution methods, including prescriptive easements, quiet title actions and curative deeds.
  • Hear a surveyor's perspective on resolving boundary disputes and obtain practical, hands-on survey and legal description deciphering skills.
  • Confidently handle contentious property line issues, including encroaching fences, problem trees on property lines and more.
  • Resolve thorny situations where property sellers fail to transfer necessary easements to buyers.
  • Confidently determine the legality of unauthorized access roads running across one property to another.
  • Ensure quiet title actions are handled in an ethically compliant manner.

Who Should Attend

This basic-to-intermediate level seminar on resolving boundary disputes is for:

  • Attorneys
  • Surveyors
  • Engineers
  • Government Officials
  • Title Agents
  • Title Adjusters
  • Title Insurance Underwriters
  • Real Estate Agents
  • Paralegals

Course Content

  1. The Top Boundary Dispute Resolution Methods Explained: A Hands-On Guide to Their Mechanics and Procedures
  2. A Surveyor's Perspective on Analyzing Surveys and Legal Descriptions to Resolve Boundary Disputes
  3. Using the Top Methods to Resolve Boundary Line and Encroachment Disputes
  4. Using the Top Methods to Tackle Easement Disputes
  5. Continuous Trespass: Using Prescriptive Easements, Adverse Possession Rules and Other Top Methods to Resolve Disputes
  6. Oil, Gas and Mineral Rights Disputes: Employing the Top Methods
  7. Ethical Considerations

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *

Insurance – Insurance: 7.00 *

International Association for Continuing Education Training – IACET: 0.60

Real Estate – Real Estate: 7.00

Surveyor – Surveyor: 6.00


* denotes specialty credits

Agenda / Content Covered

  1. The Top Boundary Dispute Resolution Methods Explained: A Hands-On Guide to Their Mechanics and Procedures
    9:00 - 9:50, David B. Stevenson
    1. Prescriptive Easements, Boundary by Acquiescence and Adverse Possession
    2. Quiet Title Actions: Their Uses, Mechanics and More
    3. Reviewing Existing Contracts and Agreements
    4. Consulting Surveys and Legal Descriptions
    5. Curative Deeds (Quitclaim, Warranty) and Boundary Agreements: Uses, Drafting Considerations, etc.
    6. Title Insurance Endorsements During Real Estate Closings
    7. Alternate Dispute Resolution Methods and Litigation
  2. A Surveyor's Perspective on Analyzing Surveys and Legal Descriptions to Resolve Boundary Disputes
    9:50 - 10:40, John B. Stahl
    1. The Key Elements of Surveys and Legal Descriptions: A Practical Refresher
    2. Ensuring Surveys and Legal Descriptions Align
    3. Different Survey Types: Which is Best for Boundary Disputes?
    4. Determining the True Locations of Boundaries, Monuments, Encroachments and Other Dispute-Causing Elements
    5. Examining Surveys and Legal Descriptions from Adjoining Properties for Conflicts: A Practical Exercise
  3. Using the Top Methods to Resolve Boundary Line and Encroachment Disputes
    10:55 - 11:35, Brad Smith
    1. Ascertaining an Encroachment Exists
    2. Disputed Property Lines
    3. Misplaced or Lost Monuments and Boundary Markers
    4. Party Wall Disputes
    5. Fences and Retaining Walls
    6. Spite Fences
    7. Encroachments by Buildings and Other Structures
    8. Roof Overhangs
    9. Large Trees on Property Lines: Potential and Actual Damage, Pruning and Other Issues
  4. Using the Top Methods to Tackle Easement Disputes
    12:35 - 1:30, Clayton H. Preece
    1. Types of Easements Explained (Express, Necessity, Prescriptive, Implied etc.)
    2. Impeding Use of Easements
    3. Easement Maintenance Disputes
    4. Blocking Ingress and Egress
    5. Obstructing Views
    6. Failure to Transfer an Easement to a Successive Property Owner
    7. Trespass and Encroachment on Easements
    8. Considerations for Conservation Easements
  5. Continuous Trespass: Using Prescriptive Easements, Adverse Possession Rules and Other Top Methods to Resolve Disputes
    1:30 - 2:25, J. Craig Smith
    1. Unauthorized Occupants of Dwellings and Other Structures
    2. Crops, Cattle and Other Unauthorized Agricultural Uses
    3. Continuous Recreational Trespass
    4. Unauthorized Access Roads Across Neighboring Properties
    5. Access Roads and Other Trespasses on Government Properties
    6. Dealing with Paper Streets
  6. Oil, Gas and Mineral Rights Disputes: Employing the Top Methods
    2:40 - 3:30, J. Craig Smith
    1. Split Estate Issues: Surface Owners Leasing Severed Oil and Gas Rights
    2. Oil and Gas Well and Infrastructure Encroachment
    3. Misplaced and Unauthorized Wells and Infrastructure
    4. Eminent Domain Disputes over Pipelines
    5. Disputes over Landowners' Rights of Use
  7. Ethical Considerations
    3:30 - 4:30, Brad Smith
    1. Acting in Good Faith
    2. Following the Limitations Imposed by Statute and Common Law
    3. Truthfulness in Negotiations
    4. Dealing with Difficult Clients
    5. Calculating Attorneys' Fees
    6. Ethics in Quiet Title Actions

CLAYTON H. PREECE is an attorney with Smith Hartvigsen, PLLC, where he represents businesses, governmental entities, and individuals in a wide range of litigation matters including land use and zoning, labor and employment, construction litigation, commercial litigation, natural resources litigation, and corporate and business transactions. Mr. Preece is an author and editor of the Employment Law for Business Blog and the Utah Employment Law Quarterly. He is admitted to practice in Utah. Mr. Preece is a member of the Utah Manufacturing Association, American Bar Association, and Utah State Bar. He earned his B.A. degree, summa cum laude, from Utah Valley University and his J.D. degree from The George Washington University Law School in Washington, D.C.

BRAD SMITH is a partner with Stevenson Smith Hood, P.C., where his practice areas include banking law, business law, commercial law, construction and lien law, criminal defense, divorce and other domestic law, employment and labor law, education law, guardian ad litem, litigation, personal injury, property and real estate law, Social Security, wills, trusts, and probate. Mr. Smith is a judge pro tem for Ogden City Justice Court, and he served from 2011 through 2014 as superintendent of schools of the Ogden City School District, and from 2014 through 2016 as the Utah state superintendent of public instruction. He is admitted practice in Utah, the U.S District Court, District of Utah; the U.S. Court of Appeals, Tenth Circuit; and the U.S Supreme Court. Mr. Smith is a member of the Utah State and Weber County bar associations; and the Rex E. Lee American Inns of Court, Master of the Bench. He earned his B.S. degree from the University of Utah and his J.D. degree from the University of Utah College of Law.

J. CRAIG SMITH is a founding member of the Salt Lake City law firm of Smith Hartvigsen, PLLC, where he practices in the areas of water law, land use, and redevelopment law. Mr. Smith has argued more than 30 appeals before the Utah Supreme Court. He was a law clerk for the Hon. J. Robert Bullock for the Fourth District of Utah and an assistant city attorney for Park City, Utah. Mr. Smith has written many articles, including “A Preference for Domestic Use in Utah: A Relic of The Past?” ABA Water Resources Committee Newsletter, Volume 12, No. 1, Fall 2009. He is a member of the American Bar Association and the Utah State Bar (sections on Urban, State and Local Government Law; Natural Resources; and Litigation). In 2004, the Utah State Bar (Energy, Natural Resources and Environmental Law Section) recognized him as Lawyer of the Year. Mr. Smith earned his A.S. degree, with high honors, from the College of Eastern Utah; and both his B.A. degree, magna cum laude, and J.D. degree, cum laude, from Brigham Young University.

JOHN B. STAHL is a registered professional land surveyor in the states of Utah and Montana, currently owning and operating Cornerstone Professional Land Surveys, Inc., and Cornerstone Land Consulting, Inc., in Salt Lake City since 1988. He specializes in surveying land boundaries, mediating and resolving boundary conflicts, performing title research, and providing land boundary consultation services. Mr. Stahl has been qualified as an expert witness and has actively participated in the preparation of amicus curiae briefs to the Utah Supreme Court. He has furthered his mediation education by participating in a state qualified 40 hour training program. Mr. Stahl has been a state chair of the Utah Council of Land Surveyors and a Utah delegate to the Western Federation of Professional Surveyors. He is a adjunct professor for the Salt Lake Community College, where he has taught courses for land surveying students and continues teaching an extensive course in land boundary law for the past 20 years. Mr. Stahl earned his A.A.S. degree in land surveying from Flathead Valley Community College in Kalispell, Montana.

DAVID B. STEVENSON is a shareholder with Stevenson Smith Hood, P.C., where he practices business and commercial law, employment and labor law, environmental law, litigation, personal injury, property and real estate law, wills, trusts, estates and probate, contract law, and mergers/acquisitions law. Mr. Stevenson is admitted to practice in Utah and Tennessee; Utah and Tennessee Court of Appeals; U.S. District Court, District of Utah; U.S. District Court, Western District of Tennessee; and U.S. Court of Appeals for the Sixth Circuit. He is a member of the Utah State Bar, the Weber County Bar Association and the American Inns of Court. Mr. Stevenson earned his B.S. degree from Brigham Young University; his M.S. degree from Duke University; and his J.D. degree from University of Memphis, Cecil C. Humphreys School of Law.

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:

Continuing Legal Education

UT CLE: 6.00 Includes - Ethics: 1.00
National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program qualifies for a maximum of 6.0 hours of CLE credit for Utah attorneys, which includes 1.0 hour of ethical considerations.


Insurance

UT INS: 7.00 Includes - Title: 6.00, Utah Insurance Ethics: 1.00
This course has been approved for 7.0 hours of continuing education credit by the State of Utah Insurance Department.


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, attendees should be able to: 1. Describe how to use a quiet title action to resolve a boundary dispute. 2. State the key elements to look for when comparing surveys from neighboring properties during a boundary dispute. 3. State two possible dispute resolution methods for an encroaching fence. 4. Describe what to do when a property seller fails to transfer an easement to a buyer. 5. Describe a situation when an unauthorized access road running from one property to another may be legal. 6. State the top methods for handling oil, gas and mineral rights disputes. 7. State how attorneys can handle quiet title actions in an ethically compliant manner.

Real Estate

UT RE: 7.00
This course has been certified for 7.0 hours of Real Estate Continuing Education Credit with the Utah Division of Real Estate.


Surveyor

UT SV: 6.00
This course or a portion thereof may qualify for land surveying credit.


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