Live Seminar

Surveys, Plats, Legal Descriptions and Title Insurance

Seminar

Date:

2 Day Seminar
Wednesday, May 23, 2018 -
Thursday, May 24, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78960ER

Location:

Ramada Plaza Portland

155 Riverside St.

Portland, ME 04103

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • ME CLE - 12.00

Other

  • AICP - 12.00
  • Appraiser - 11.00
  • IACET - 1.20
  • Real Estate - 11.00

Program Description

Identify and Fix Discrepancies That Arise During Real Estate Transactions

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 two-day, intermediate-level course, 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.

On Day 1, a veteran surveyor will walk you through surveying standards, how to read surveys and what you need to know about surveyors. Day 2 begins with surveyor insights on water boundaries, and then delves into boundary, easement and legal description problems and how to handle them. Filled with examples and sample documents, faculty 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 and handle them before they spiral out of control - register today!

  • Get a full day of survey fundamentals and surveying standards from a veteran surveyor.
  • Dig deep into the ALTA/NSPS land title survey standards and compliance.
  • Learn how to prove/disprove non-recorded easements.
  • Find out what surveyors do to compensate/adjust missing markers and references that don't match.
  • Review convoluted plat maps and work with surveyors to confirm/remove designations.
  • Analyze perimeter, strip, area, township and range legal descriptions.
  • Identify challenges with zoning, restrictions and encroachments on a survey and what you can do to fix the problem.

Who Should Attend

This intermediate level program will benefit:

  • Attorneys
  • Real Estate Professionals
  • Surveyors
  • Zoning, Land Use and Planning Professionals
  • Title Agents and Underwriters
  • Property Appraisers and Assessors
  • Bankers and Loan Officers
  • Paralegals

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

American Institute of Certified Planners – AICP: 12.00 *

Appraiser – Appraiser: 11.00

Continuing Legal Education – CLE: 12.00 *

International Association for Continuing Education Training – IACET: 1.20

Real Estate – Real Estate: 11.00


* 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.

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: 12.00 Includes - Law Credits: 1.50
This activity has been approved by American Institute of Certified Planners for 12.0 CM credits, including 1.5 law credits. 100% attendance is required to receive CM credit.


Appraiser

ME APP: 11.00
This program has bee approved by the Maine Real Estate Appraisal Board for 11.0 hours of continuing education for appraisal professionals.


Continuing Legal Education

ME CLE: 12.00 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 shall receive 12.0 hours of CLE credit including 1.0 ethics hours under M. Bar R. 12.


International Association for Continuing Education Training

N IACET: 1.20
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 1.2 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 a surveyor's licensing requirements. 2. Describe Maine's technical standards for surveying. 3. List two ALTA/NSPS survey standards. 4. Explain how municipal subdivisions and LUPC subdivisions differ. 5. Describe record search requirements. 6. Describe the surveyor's role in boundary disputes and litigation. 7. Explain how to submit a complaint against a surveyor. 8. Describe two survey work products and how they can be used. 9. Explain how to identify water boundaries in Maine. 10. State two ways to handle complex easement issues. 11. State how to resolve conflicting legal descriptions. 12. State two conflicts of interest issues. 13. Describe how to work with local government and surveyors.

Real Estate

ME RE: 11.00
This course has been approved by the Maine Real Estate Commission for 11.0 hours of credit for activating or renewing a real estate license.


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