Boundaries and Easements: Best Practices for Identifying them and Avoiding Disputes Seminar
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 – 5:30 pm
Locating Land Boundaries on Paper and on the Ground
W. Dale
Solving land description and boundary location problems
Interpreting land descriptions
• Metes and bounds
• Lot and block
• Do’s and don’ts for writing descriptions
Applying principles of boundary location
• Collecting and evaluating all types of boundary evidence: documents,
physical evidence, people, surveys
• Locating the described land on a map
• Locating the described land on the ground
Understanding and using geographic information systems (GIS)
Identifying, Classifying and Locating Easements
G. George
What is and is not an easement
Reviewing state law on easements
Creating easements: easements by necessity, easements by use, written easements
Identifying critical distinctions between easements in gross, easements appurtenant
and prescriptive easements
Maintaining easements
Knowing when and how to terminate easements
Obstructing use of easements and determining remedies for obstruction
Resolving Boundary Disputes
A. Macomber
Types of boundary disputes
• Adverse possession, easements, boundaries
Obtaining and reviewing boundary evidence
Methods for establishing disputed boundaries
Participating in dispute resolution techniques
• Litigation, arbitration, mediation, agreements, title insurance
Examining boundary dispute case studies: exploring techniques for
resolving sample disputes
Avoiding Boundary Disputes: Intro to Legal Due Diligence
for Real Estate Transactions
G. George
Introduction to legal due diligence; why should I care?
Definition of legal due diligence
Legal risks not covered by title insurance
Public record and “constructive notice”
Types of documents filed at County Recorder’s Office
Preliminary title report vs abstract of title
Scenarios where legal due diligence matters
Avoiding, Identifying and Resolving Ethical Issues in
Land Transactions and Disputes
A. Macomber
Conflicts of interest: identifying your client
What duties do you owe, and to whom do you owe them?
Do you need to maintain confidentiality, and for whom?
Complying with your professional responsibility for honesty and truthfulness
Practicing only in areas of competence
Ethical solicitation of business
Taking referrals from other professionals
Credits
Attorneys
6.0 Law & Legal Procedure Hours
1.5 Ethics Hours
Washington LPOs
6.0 Law & Legal Procedure Hours
1.5 Ethics Hours
Land Surveyors
7.5 PDHs
Engineers
Non-Credit WA Cont. Ed. 7.5 PDHs
Continuing Education Credit Information
This seminar is open to the public. It has been approved by the Washington State Bar Association for 6.0 Law and Legal Procedure CLE hours and 1.5 Ethics hours for attorneys and limited practice officers.
This course offers 7.5 PDHs to Washington land surveyors. Educators and courses are not subject to preapproval in Washington. Land surveyors seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rule to determine eligibility.
This course offers a non-credit continuing education opportunity to Washington engineers. Engineers seeking continuing education credit in other states will be able to apply the 7.5 PDHs earned at this seminar, in most cases. Refer to specific state rule to determine eligibility.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Walter Dale
Dale & Dale LLC dba Benthin and AssociatesOwner of Dale & Dale LLC dba Benthin and Associates – Professional Land Surveying and Planning in WA
Mr. Dale is a professional licensed land surveyor in Washington since 1992 and Idaho since 2004. His firm evolved from James F. Benthin & Associates, which opened in January 1984 and was purchased by Mr. Dale in 2004. He is actively involved in his practice, not only as the professional land surveyor of record in the office, but also actively and intimately involved in the fieldwork on a regular basis. Mr. Dale was appointed to the urban surveying position of the Washington State Department of Natural Resources Survey Advisory Board by the Commissioner of Public Lands for a third term 2014 – 2019 and is the current chair. This position involves reviewing and creating Washington Administrative Code for the land surveying profession along with establishing educational paths and materials for the profession. He is also the liaison to the State Auditor’s Association Recording Committee. Mr. Dale is also a featured speaker presenting land surveying issues concerning the Recording Act, conflicting legal descriptions, title elements, boundary disputes, boundary agreements and land development to surveyors, title companies, realtors and attorneys. He also served as a peer review professional consultant for Board of Registration for Professional Engineers and Land Surveyors 2009-2010 and a Pro-Tem board member in 2015-2016 involving active investigations. Mr. Dale also serves on a regular basis in Eastern Washington and Northern Idaho providing supporting exhibits and testifying for lost boundary resolution, mediation and litigation as an expert witness.
Gregory George
Attorney at Law with Bristol George - in Spokane, WA and Coeur d’Alene, IdahoMr. George received his Juris Doctor degree from University of Washington School of Law and graduated from Whitworth University cum laude with a degree in Economics. During law school, he served as a member of the Washington Law Review. Mr. George is an active member of the Idaho Bar Association and is admitted to practice law before the Idaho Supreme Court. Mr. George is also licensed in Washington. Originally from Spokane, Mr. George is committed to providing the highest quality legal services in Eastern Washington and Northern Idaho. He has published in the Idaho State Bar’s Advocate Magazine and presented Exceptions and Exclusions in Title Insurance for continuing legal education credits to the local Kootenai County Bar.
Arthur B. Macomber
Senior Attorney with Macomber Law, PLLC – with offices in Spokane and Coeur d’Alene, Idaho
Mr. Macomber graduated from Hastings College of the Law at the University of California and received his undergraduate degree from George Fox University. He has practiced real property law in the inland northwest since 2006 bringing practicality, plain language and a detail-oriented approach to legal problems. Mr. Macomber bases his practice on 25 years of non-legal experience including forestry, construction and real estate sales. He publishes regularly in The Idaho State Bar Advocate. Mr. Macomber taught Contracts for Paralegals at North Idaho College and Contracts Drafting at Gonzaga University School of Law. He is admitted to practice in the following districts: Idaho Supreme Court, United States District Court, District of Idaho, Washington Supreme Court and United States District Court, District of Washington.