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 Boundary Issues and Easement Law Seminar

Presented by NBI, Inc.

Boundary Issues and Easement Law

Course 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.
• Advance your knowledge of complicated boundary issues involving water rights, air rights and conservation easements.
• Know the first steps to take when a boundary dispute develops.
• Utilize in court the most common forms of boundary evidence that proves property ownership and boundary lines.
• Master the boundary dispute litigation process including discovery and using pertinent experts.
• Review how to remain ethical during quiet title actions.

Agenda

• Defining Easement Types
  9:00 - 9:45, Written by Yasmin L. Stump. Presented by Yasmin L. Stump in Indianapolis and Daniel W. Granquist in Merrillville.
  • Easements Appurtenant and Easements in Gross
  • Exclusive and Non-Exclusive Easements
  • Permanent and Temporary Easements
  • Prescriptive Easements
  • Easements by Necessity
  • Easements by Prior Use
  • Public Rights of Way and Other Easements Used for Public Purposes
  • Statutory Rights of Way
  • Implied and Secondary Easements
• Creating and Enforcing Easements
  9:45 - 10:30, Written by Yasmin L. Stump. Presented by Yasmin L. Stump in Indianapolis and Daniel W. Granquist in Merrillville.
  • How Easements are Created
  • Key Items to Include in Preparing Easement Instruments
  • Use and Scope of Easements
  • Easements v. Licenses
  • Methods for Enforcing Easements
• Terminating or Releasing Easement Options
  10:45 - 11:15, Written by Ryan J. Vershay. Presented by Ryan J. Vershay in Indianapolis and Mary A. Slade in Merrillville.
  • Express Release
  • Abandonment
  • Change in Use by Dominant Tenant
  • Merger
• Resolving Boundary Disputes
  11:15 - 12:00, Written by Ryan J. Vershay. Presented by Ryan J. Vershay in Indianapolis and James L. Wieser in Merrillville.
  • 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
  • Evaluating Boundary Evidence
• Litigating Boundary Disputes
  1:00 - 1:45, Written by Jason P. Lueking. Presented by Jason P. Lueking in Indianapolis and James L. Wieser in Merrillville.
  • Pleadings: Causes of Action
  • Trial Preparation and Discovery
  • Taking the Case to Trial
  • Evidentiary Rules and Procedures
  • The Role of the Surveyor in Court
  • The Role of the Title Expert
  • Sample Documents, Pleadings and Motions
• Special Boundary Considerations
  1:45 - 2:30, Written and Presented by Mary A. Slade in Indianapolis and Merrillville.
  • Air Rights
  • Surface Water Rights
  • Subsurface Rights
    • Mining and Drilling Issues
    • Groundwater as a Public Trust
  • Solar Easements
  • Telecommunications
  • Wind Turbines
• Conservation Easements
  2:45 - 3:30, Written and Presented by Carrie G. Doehrmann in Indianapolis and James L. Wieser in Merrillville.
  • Overview of Conservation Easements
  • Due Diligence
  • Appraisals
  • Monitoring
  • Enforcement
  • Checklists and Forms
• Ethics in Boundary Law
  3:30 - 4:30, Written and Presented by Mary A. Slade in Indianapolis and Merrillville.
  • Acting in Good Faith
  • Following the Limitations Imposed by Statute and Common Law
  • Ethics in Quiet Title Actions
  • Calculating Fair Attorney Fees

More Seminar Information

NBI, Inc. Summary Boundary Issues and Easement Law Delivery Method  Seminar 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 esta

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