Audio CD + Course Book

Surveys, Plats, Legal Descriptions and Title Insurance

Audio CD + Course Book

Copyright Date:

May, 2018

Product ID#:

78960CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • ME CLE - 12.00
From Event: Surveys, Plats, Legal Descriptions and Title Insurance, held May 2018.

Program Description

Inaccurate descriptions, inconsistent and conflicting surveys and plat map designations and unrecorded easements can pop up at any time during real estate transactions. Are you prepared? In this guide, you'll gain real-world insight from seasoned surveyors and attorneys who have worked in the field, have hands-on experience and know what challenges you'll face. Filled with examples and sample documents, this guide will teach you how to review, analyze and interpret surveys, maps, records and descriptions in plain English. Gain the technical skills you need to catch errors, defects and problems and learn how to handle them before they spiral out of control - order today!

Course Content

Day One: Everything You Need to Know About Surveyors and Surveying
  1. Surveyors and Their Training
  2. Maine Technical Standards for Surveying
  3. ALTA/NSPS Land Title Survey Standards and Compliance
  4. Subdivisions or Not
  5. Boundary Surveys
  6. Boundary Disputes and Litigation
  7. Surveyor Liability
  8. Survey Work Products
Day Two: How to Handle Boundary, Easement and Legal Description Issues
  1. Water Boundaries of Maine
  2. Handling Complex Boundary, Easement and Encroachment Issues
  3. Legal Descriptions That Don't Close
  4. Upholding Ethical Standards
  5. Working With Government Officials to Resolve Common Real Estate Issues

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 ME - Credit Approval Expiration 05/23/2020 *


* denotes specialty credits

Agenda / Content Covered

Day One: Everything You Need to Know About Surveyors and Surveying

  1. Surveyors and Their Training
    9:00 - 9:30, Dr. Knud E. Hermansen
    1. Past Licensing Requirements
    2. Present Licensing Requirements
  2. Maine Technical Standards for Surveying
    9:30 - 10:00, Dr. Knud E. Hermansen
    1. Ethical Standards
    2. Boundary Surveys
    3. Mortgage Loan Inspections
    4. Other Surveys
  3. ALTA/NSPS Land Title Survey Standards and Compliance
    10:00 - 10:30, Dr. Knud E. Hermansen
    1. When to Request This Service
    2. Client Requirements
    3. Surveyor Requirements
    4. Supplemental
  4. Subdivisions or Not
    10:45 - 11:45, Dr. Knud E. Hermansen
    1. Municipal Subdivisions
    2. LUPC Subdivisions
    3. DEP Subdivisions
  5. Boundary Surveys
    12:45 - 1:45, Dr. Knud E. Hermansen
    1. Record Search Requirements
    2. Rules of Construction
    3. Overlaps and Gaps
  6. Boundary Disputes and Litigation
    1:45 - 3:15, Dr. Knud E. Hermansen
    1. Record Boundary vs. Possession Boundary vs. Ownership Boundary
    2. Adverse Possession, Acquiescence and Practical Location
    3. Court Appointed Surveyor
    4. Preparing the Surveyor as an Expert Witness
    5. Surveyors and Exhibits
    6. Boundary Agreements
    7. Timber Trespass
    8. Opinions and Evidence
  7. Surveyor Liability
    3:30 - 4:00, Dr. Knud E. Hermansen
    1. Complaint Before the Board of Licensure
    2. Statute of Limitations
    3. Right of Entry
  8. Survey Work Products
    4:00 - 4:30, Dr. Knud E. Hermansen
    1. Plats
    2. Description
    3. Survey Report
    4. Exhibits
    5. Monuments
    6. Blazing the Line

Day Two: How to Handle Boundary, Easement and Legal Description Issues

  1. Water Boundaries of Maine
    9:00 - 10:00 and 10:15 - 11:15, Robert A. Yarumian II
    1. Location of Boundaries
      1. Definitions
      2. Tidal Waters
      3. Rivers
      4. Great Ponds
    2. Riparian Rights
      1. Tidal Waters
      2. Rivers
      3. Great Ponds
    3. Public Rights
      1. Tidal Waters
      2. Rivers
      3. Great Ponds
    4. Surveying Water Boundaries
      1. What to Locate
      2. What to Show
  2. Handling Complex Boundary, Easement and Encroachment Issues
    11:15 - 12:30, John B. Shumadine
    1. Complex Encroachment 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
  3. Legal Descriptions that Don't Close
    1:30 - 2:30, John B. Shumadine
    1. Types and Review - Metes and Bounds
    2. Resolving Conflicting Legal Descriptions
    3. Bad Descriptions; Missing Calls; Typos that Get Passed From Deed to Deed; Typographical Errors; Vague and Inaccurate Documents
    4. The Inappropriate Use of Tax Parcels as Legal Descriptions
    5. Discrepancies Between Legal Description in Mortgage and as Assessed by the Municipality
    6. Scrivener's Affidavit or Corrective Deed?
    7. Legal Descriptions in Foreclosure Proceedings and Defects as They Affect Bankruptcy
  4. Upholding Ethical Standards
    2:45 - 3:45, Sam Kilbourn
    1. Duties of Competence and Diligence
    2. Conflicts of Interest
    3. Disclosure of Defects in Property
    4. Surveyor Standards
  5. Working With Government Officials to Resolve Common Real Estate Issues
    3:45 - 4:30, Benjamin T. McCall
    1. Determining Which Officials to Approach
    2. Abandoned and Discontinued Roads, Paper Streets and Other Common Right-of-Way Issues

DR. KNUD E. HERMANSEN is an attorney, professional engineer, and professional land surveyor licensed in several states. He earned his B.S. and Ph.D. degrees, in civil engineering, from Pennsylvania State University; his M.S. degree, in civil engineering (surveying and mapping emphasis), from the University of Wisconsin; and his J.D. degree from West Virginia University School of Law. Currently, Dr. Hermansen is a professor at the University of Maine - College of Engineering and offers services in the area of ADR, boundary location, easements, and land development. He is the co-author of the following publications: Maine Roads & Easements, Maine Riparian Boundaries, Principles & Procedures for the Location of Boundaries in Maine, Residential Subdivision & Land Development in Maine, and Land Surveys: A Guide For Lawyers and Other Professionals (3rd Edition).

SAM KILBOURN is an attorney at Sam Kilbourn Law Office with a sole practice limited to real estate and title transactions in South Portland. He is a former assistant attorney general who has been a moderator or panel member of numerous seminars on Maine real estate law topics for the Maine State Bar Association, as well as others. Mr. Kilbourn is a member of the Cumberland County and Maine State bar associations, and is a former chair of the Real Estate and Title Section of the Maine State Bar Association and its Title Standards Subcommittee. He earned his undergraduate degree from Yale University and his J.D. degree from Cornell Law School, where he received the W.D.P. Carey Practice Training Prize and served as article and book review editor of the Cornell Law Review.

BENJAMIN T. McCALL is an attorney with Bergen & Parkinson, LLC. His municipal and land use practice focuses on advising municipalities on issues including ordinance drafting, zoning, land use enforcement matters, and Rule 80B appeals. Additionally, Mr. McCall advises private clients, ranging from individuals, to developers, to neighborhood groups, on a wide array of issues involving municipalities, including zoning variances and abutter challenges to planning board approvals. He also collaborates with other members of the municipal working group to lead legal trainings for municipal boards and code enforcement officers. Mr. McCall is a member of the Maine State Bar Association, York County Bar Association and the Regional Organization of Municipal Attorneys. He received his B.A. degree, magna cum laude, from Bates College and his J.D. degree, summa cum laude, from the University of Maine School of Law.

JOHN B. SHUMADINE is a partner with the Portland law firm of Murray Plumb & Murray, where he represents abutters, developers, and towns in connection with all land use issues, from shoreland zoning, to Department of Environmental Protection regulations, to subdivision concerns. Mr. Shumadine has also represented developers seeking subdivision, site plan, building permit and other approvals; landowners challenging proposed abutting development or rezoning, as well as those seeking tax abatements; and towns seeking zoning, subdivision and other land use advice. His practice also focuses on more general disputes involving land and roads, both public and private. Mr. Shumadine is a member of the Maine State, Cumberland County, and American bar associations. He earned his A.B. degree from Middlebury College; his M.A. degree from Old Dominion University; and his J.D. degree, summa cum laude, from the University of Maine School of Law.

ROBERT A. YARUMIAN II is a professional land surveyor and is the principal owner of Maine Boundary Consultants in Buxton, since 1988, providing surveys with emphases in survey reports and forensic investigations for complicated and complex land surveys. He has testified more than 20 times and provided more than 17 depositions. Mr. Yarumian is an experienced expert witness and has resolved numerous boundary disputes by negotiation. He earned his two A.A.S. degrees in surveying and forest recreation from Paul Smith College. Mr. Yarumian is author or co-author of several books and papers on land boundary issues, including Advanced Boundary Disputes in Maine, Forensic Reports for Boundary Surveys and Maine Water Boundaries. He is a member and past director-at-large for the Maine Society of Land Surveyors and on several occasions he has won the MSLS Annual Map Contest.

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Accreditation Details:

Continuing Legal Education

ME CLE: 12.00 Credit Approval Exp
05/23/2020
Includes - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 12.0 hours of self-study CLE credit including 1.0 ethics hours under M. Bar R. 12. No more than 5.5 hours of self-study CLE credit may be earned during a reporting period.


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