Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 – 11:45 am

Lunch (On your own):       11:45 am – 12:45 pm

Afternoon Session:           12:45 – 4:30 pm

Locating Land Boundaries on Paper (And on the Ground)

   What a deed tells us about real property interests and
      their locations – or doesn’t
   Common kinds of land descriptions in New Jersey:
      • Metes and bounds                   • Reference to a subdivision
      • Reference to a tax parcel         • “Strip” descriptions
      • 3-D descriptions (condominiums, split estates)
      • Blanket easements
   Reading a description to find evidence of location
   The work involved in writing a description
   Tying the paper deed to the ground: What is evidence of a boundary?
   Why paper and ground may not match
   When the paper and the ground don’t match:
      The hierarchy of evidence in descriptions
   Summary: Elements of a good description

Easements: Understanding Possessive Rights in Lands of Others

   Distinctions between ownership and possession
   Easements distinguished from other possessory rights
   Types of easements and distinctions between them:
      Appurtenant, in gross, affirmative, negative, and others
   Methods of easement creation
   Clues in documents to determine if interests are fee or easement
   The effect of the Statute of Frauds on possessory rights
   Methods of easement termination
   What happens after termination?

Defining Trespass and Adverse Possession

   Defining trespass
   Distinctions between trespass, adverse possession,
      and prescriptive rights
   Maintaining adverse claims
      • Statute of limitations                • Elements of a claim
      • “Lost grant” claims                   • Quiet title actions

Understanding Riparian and Water Rights

   The Public Trust Doctrine and riparian rights
   Locating land boundaries near the water line
   Determining access rights to surface waters
   Determining rights to groundwater
   Water-related regulations affecting land use and land ownership in NJ

Avoiding, Identifying and Resolving Ethical
Issues in Land Transactions and Disputes

   Conflicts of interest: identifying your client
   What duties do you owe, and to whom do you owe them?
   Complying with your professional responsibility for honesty
      and truthfulness
   Practicing only in areas of competence
   Ethical solicitation of business
   Taking referrals from other professionals
   Non-litigious approaches to settling land interest disputes:
      • Practical location and boundary line agreements
      • Boundary line commissions

Credits

Attorneys
     7.8 New Jersey CLE Hours
        (1.2 Ethics)
     7.5 New York CLE Hours
        (1.0 Ethics)
     6.5 Pennsylvania CLE Hours
        (1.0 Ethics)

NJ Title Insurance Producers
     6.0 CE Credits

Professional Land Surveyors
     6.5 PDHs

Professional Engineers
     6.5 CE Hours,
     Including 1.0 Ethics Hour

Continuing Education Credit Information

This seminar is open to the public. The New Jersey Board on Continuing Legal Education has approved it for 7.8 CLE hours, including 1.2 Ethics hours for attorneys.The New Jersey Department of Banking and Insurance has approved this course for 6.0 credits for insurance producers.

The New Jersey State Board of Professional Engineers and Land Surveyors has approved this program for 6.5 PDHs for land surveyors and 6.5 PDHs, including 1.0 ethics hour, for professional engineers (New Jersey Provider Approval No. 24GP00000700).

HalfMoon Education is certified by the New York State CLE Board as an Accredited Provider of CLE programs. This traditional format course offers 7.5 Areas of Professional Practice CLE hours suitable for new and experienced attorneys.

This event has also been approved by the Pennsylvania CLE Board for a total of 6.5 CLE hours, which includes 5.5 substantive hours and 1.0 ethics hour for attorneys.

Speakers

Wendy Lathrop, PLS, CFM, CFS

President and Owner of Cadastral Consulting, LLC

Ms. Lathrop is licensed as a professional land surveyor in New Jersey, Pennsylvania, Delaware, and Maryland, and as a professional planner in New Jersey. She holds a master’s degree in Environmental Policy and has been involved in surveying since 1974 in projects ranging from construction to boundary to environmental land use disputes. Ms. Lathrop is also a certified floodplain manager through the Association of State Flood Plain Managers (ASFPM) and a certified floodplain surveyor through the New Jersey Society of Professional Land Surveyors. A former adjunct instructor at Mercer County College in New Jersey, she has also taught as part of the team for the licensing exam review course at Drexel University in Pennsylvania. Ms. Lathrop has been teaching seminars for surveyors since 1986 and has been writing articles for surveyors since 1983. She is a contributing editor for The American Surveyor magazine, and she has four articles included in the American Bar Association’s text, Land Surveys: A Guide for Lawyers and Other Professionals. She and Stephen V. Estopinal, PLS, PE co–authored a book entitled Professional Surveyors and Real Property Descriptions: Composition, Construction, and Comprehension, published by John Wiley & Sons, Inc. in 2011. She is also on the faculty of GeoLearn, a web-based educational provider. Ms. Lathrop is a past president of the New Jersey Society of Professional Land Surveyors and of the National Society of Professional Surveyors, and she has served on the Board of Directors for the American Association for Geodetic Surveying.

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