Live Seminar

Road and Easement Law From A to Z

Seminar

Date:

Monday, April 09, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78823ER

Location:

Hilton Garden Inn Fairfax

3950 Fair Ridge Dr.

Fairfax, VA 22033

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • VA CLE - 6.00

Other

  • AICP - 6.00
  • IACET - 0.60

Program Description

Get Results for Your Road and Access Law Clients

Conflict is inevitable when it comes to road and access law and who is entitled to what. Yet when clients call you in to determine who has rights in an easement, private road or right-of-way dispute, traditional negotiating tactics can fall short. As a result, agreements blow up, cases don't settle and - too often - you end up in court. Attend this seminar and walk away with a proven and positive approach for addressing and resolving disputes as they arise in the volatile environment of road and access law. Register today!

  • Find out what influences the scope of the road right of way - and how it may affect your clients.
  • Be prepared to handle easement issues by knowing how private roads are created.
  • Protect clients' rights - understand the procedure for gaining access to roads.
  • Solve road access issues that arise during real estate transactions.
  • Identify what red flags to look for during a title search.
  • Learn how to read between the lines of a land survey to find crucial support for your side of the dispute.

Who Should Attend

This intermediate-to-advanced level program is designed for attorneys wanting in-depth information on road and access law. Other professionals who may benefit from this legal course include: surveyors, engineers, developers, city and urban planners, local government officials, and real estate and title professionals.

Course Content

  1. Public Roads: Creation and Use
  2. Establishing Easements
  3. Road and Access Pitfalls When Handling Real Estate Transactions
  4. Common Road and Access Problems and Solutions
  5. An Easement Case - Litigation and Trial Preparation

Continuing Education Credit

American Institute of Certified Planners – AICP: 6.00

Continuing Legal Education – CLE: 6.00

International Association for Continuing Education Training – IACET: 0.60


* denotes specialty credits

Agenda / Content Covered

  1. PUBLIC ROADS: CREATION AND USE
    9:00 - 10:15, Shane M. Murphy
    1. Special Issues Regarding Condemnation and Express Dedication
    2. Implied Dedication - Public Road by Acquiescence
    3. Nature of Public Rights of Way
  2. ESTABLISHING EASEMENTS
    10:30 - 11:45, William D. Ashwell
    1. Prescriptive Easements
      1. Public Prescriptive Easements
      2. Private Prescriptive Easements
      3. Prescriptive Easements by and Against Governmental Entities
      4. Nature of Prescriptive Easements
    2. Easements by Grant
      1. How to Create Them
      2. How Not to Create Them
      3. What They Should Contain
    3. Other Easements
  3. ROAD AND ACCESS PITFALLS WHEN HANDLING REAL ESTATE TRANSACTIONS
    11:45 - 1:00, Mark A. Moorstein
    1. Answers to Frequently Asked Transaction Questions
    2. What Title Insurance Can Reveal
    3. How to Determine Legal Access to Property by Deed
    4. Solving Road and Access Issues That Arise During Real Estate Transactions
  4. COMMON ROAD AND ACCESS PROBLEMS AND SOLUTIONS
    2:00 - 3:00, Theodora Stringham
    1. Terminating Easements
    2. Disputes Between Private Landowners
    3. Landlord/Owner Liability for Third-Party or Public Use Easements
    4. Overweight Vehicle Permits
  5. AN EASEMENT CASE - LITIGATION AND TRIAL PREPARATION
    3:15 - 4:30, Roy R. Shannon Jr.
    1. Investigating the Case
      1. Historical Research
      2. How to Read Between the Lines of a Survey
      3. Title Search: What to Look For
    2. Preparing the Case
    3. Trial Tips and Tactics
    4. Other Considerations and Forms of Relief

WILLIAM D. ASHWELL is an attorney with Mark B. Williams & Associates, PLC. He practices in the areas of civil litigation, land use and zoning, appellate advocacy, business and commercial law, and trust and estate planning. Mr. Ashwell has been rated by SuperLawyers as a Rising Star, 2017. He is a member of the Virginia State Bar and Fauquier Bar Association, and serves on the Virginia State Bar Seventh District Disciplinary Committee. Mr. Ashwell earned his B.A. degree from Hampden-Sydney College and his J.D. degree from the University of Dayton School of Law.

MARK A. MOORSTEIN is a principal with Offit Kurman, Attorneys At Law. Mr. Moorstein's practice focuses on conflict resolution in land use (zoning, easements, subdivisions, road creation and condemnation proceedings) and corporate transactions. A large part of the firm, including the community association section, is involved in issues affecting roads, both public and private. He also is an experienced litigator. Mr. Moorstein has been viewed as one of the top attorneys in northern Virginia for many years in land use litigation, representing developers, contractors, subcontractors, lenders and the Virginia Department of Transportation. He is admitted to the bars of Virginia, the District of Columbia and Ohio; as well as the U.S. Supreme Court; the U.S. Tax Court; and many other federal courts. Mr. Moorstein is the author of a well-received book on conflict structure titled Frameworks: Conflict in Balance. He earned his A.B. degree, cum laude, from Princeton and his J.D. degree from Temple University.

SHANE M. MURPHY is a partner with Reed Smith, where he practices in the areas of zoning and development, real estate transactions, general corporate representation, government relations and public policy counseling, elections law, campaign finance compliance and disclosure, and public safety and first responder law. From 1995 to 2008, he worked in a variety of policy positions for former Virginia Congressman Thomas M. Davis, III, former Fairfax County Supervisor Stuart Mendelsohn, and Virginia Delegate Thomas D. Rust. Mr. Murphy began his practice as a real estate and zoning attorney in 2008 at Cooley LLP, where he had the opportunity to work with clients of all sizes on complex development projects, real estate transactions, business incentives, and public policy initiatives. He continues to work closely with policymakers on the transformative Comprehensive Plan Amendments for Tysons Corner, the Route 28 area, the Route 1 Corridor, and the Town of Herndon's Transit-Oriented Core. Mr. Murphy continues his passion for public policy, working closely with business and trade groups such as the National Association of Industrial and Office Properties, the Greater Reston Chamber of Commerce, the Dulles Regional Chamber of Commerce, the Northern Virginia Chamber of Commerce, the Northern Virginia Transportation Alliance, the Committee for Dulles and the Tysons Partnership to advance critical public policy initiatives. He is a member of the Virginia Bar Association and the Virginia State Bar. Mr. Murphy earned his B.A. degree from George Mason University and his J.D. degree from George Mason University School of Law.

ROY R. SHANNON JR. is a partner in the law firm of Rich Rosenthal Brincefield Manitta Dzubin & Kroeger, LLP. His primary areas of practice include real estate transactions and litigation and land use, as well as business transactions and litigation. Mr. Shannon represents litigation clients in mediations and arbitrations, as well as in state and federal courts. He represents his land use clients before boards of zoning appeals, planning commissions and boards of supervisors/city councils throughout Northern Virginia, including Arlington County, Fairfax County, the city of Alexandria and the town of Vienna. Mr. Shannon is a member of the Alexandria and Federal bar associations, the District of Columbia and Virginia State bars, and the Attorney’s Roundtable for the Northern Virginia Association of Realtors. He has been a member of the Alexandria Community Services Board since 2009 and is currently serving as its chair. Mr. Shannon earned his undergraduate degree in finance from Catholic University and his J.D. degree from George Mason University School of Law.

THEODORA STRINGHAM is a principal with Offit Kurman, P.C. Ms. Stringham litigates complex land use issues, including but not limited to, eminent domain/condemnation matters, zoning disputes, access, and valuation concerns. She has served as a fee counsel for the Virginia Department of Transportation and has also provided representation to individual landowners and developers alike. Ms. Stringham similarly provides counsel and litigation support for employment disputes, focusing on discrimination claims, termination issues, and administrative agency disputes, among other matters. She is a regular volunteer attorney with Legal Services of Northern Virginia and currently services as the Chair of the Fairfax Bar Association's Real Estate Practice Section. Ms. Stringham is admitted to practice law in New Jersey, the District of Columbia, and Virginia. She received her B.A. degree, magna cum laude, from Rutgers University and her J.D. degree from Rutgers School of Law - Camden.

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

VA CLE: 6.00
This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 6.0 hours of credit, which includes 0.0 hour of ethics.


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 four issues that can arise when creating public roads. 2. Describe what a prescriptive easement is. 3. Recall at least three appropriate ways to solve road and access issues during real estate transactions. 4. Recall at least two appropriate ways to solve access disputes between private landowners. 5. List four critical pieces of the investigation process before going to trial.

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Questions


How To Order

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