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)

   Interpreting land descriptions

      • Priority of calls

      • Metes and bounds (calls and distances)

      • Aliquot parts

   Writing legal descriptions

      • Do not attempt to rewrite call and distance descriptions

      • Make reference to recorded plat

   Applying principals of boundary location

      • Utilizing priority of calls to determine boundaries

      • Boundary by acquiescence

      • Locating the described land on the map, on the ground
         and using geographic information systems (GIS)

   Solving land description and boundary location problems

Classifying and Locating Easements

   Easement v. license v. profit-a-prendre

   Easement in gross v. easement appurtenant

   Utility easements

   Easements by grant – should you let the surveyor do it?

   Prescriptive easements

   Easement by necessity

   Easement by implication

   Easement by estoppel

   Termination and abandoning easements

   Who maintains easement

Adverse Possession

   Statutory authority

   Adverse possession v. prescriptive easement

   Litigating adverse possession claims

Riparian Boundaries

   The rules in regard to riparian boundaries

   Practical application of rules

Resolving Boundary and Easement Disputes
Ethical Issues in Real Estate

   In transactions

   In litigation

Credits

Attorneys
     7.5 New Mexico CLE Hours,
     including 1.0 Ethics hour

New Mexico Title Insurance Producers
     8.0 Credit Hours

Professional Land Surveyors &
Professional Engineers
     7.5 PDHs

Continuing Education Credit Information

This seminar is open to the public. The New Mexico MCLE Board has approved this course for 7.5 CLE hours, including 1.0 ethics hour, for attorneys.

This seminar offers 7.5 PDHs to New Mexico land surveyors and 7.5 PDHs to New Mexico professional engineers to whom the subject matter is professionally relevant. Educators and courses are not subject to pre-approval in New Mexico.

The New Mexico Office of Superintendent of Insurance has approved this course for 8.0 credit hours for title insurance producers.

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

John Patterson

Rodey, Dickason, Sloan, Akin, & Robb, P.A.

Of Counsel at Rodey, Dickason, Sloan, Akin, & Robb, P.A. in Santa FeMr. Patterson is a frequent speaker on continuing legal education subjects both in New Mexico and nationally. He is a fellow of the American College of Real Estate Lawyers, where he serves on the Opinions and Common Interest Ownership Committees, and he is a member of the American College of Mortgage Attorneys. Mr. Patterson has documented scores of common interest communities, including both condominium and subdivision projects, and he regularly represents developers, lenders and many common interest communities. He has represented both borrowers and local and money-center banks in commercial and refinance transactions. He has practiced in Santa Fe since 1971, and his practice has concentrated on commercial lending, real estate development (condominium development in particular), representation of common interest communities and resolution of disputes arising from claims of easements. Mr. Patterson was named Santa Fe Real Estate Lawyer of the Year-2013 by The Best Lawyers in America. He has been listed in The Best Lawyers in America every year since 1993 for his expertise and experience in real estate law. He is also listed in Chambers USA-America’s Leading Lawyers for Business and in Southwest Super Lawyers for his expertise and experience in real estate law. Mr. Patterson has achieved the “AV” or highest Martindale-Hubbell rating.

Thomas Simons

The Simons Firm, LLP

Founder and partner in The Simons Firm, LLP in Santa FeMr. Simons maintains a general civil litigation practice, with emphasis on real estate litigation, property and real estate transactions, and title insurance litigation. He received his B.A. degree, magna cum laude, from Southern Methodist University and his J.D. degree from the University of California, Berkeley. Mr. Simons is a member of the American Land Title Association, the First Judicial District Bar Association, the State Bar of New Mexico, the State Bar of California, the American Bar Association, the New Mexico Defense Lawyers Association and the Federation of Corporate and Insurance Counsel.