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

Determining Land Boundaries         D. Mattingly

   Obtaining and interpreting land descriptions
      • Understanding different types of legal descriptions
   Understanding 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)

Exploring the 2016 ALTA/ACSM Land Title Survey         D. Mattingly

   Development of the 2016 ALTA Land Title Survey standards
   Surveying standards and standards of care
   Records research
   Field work
   Plat or map
   New Table A

Understanding Adverse Possession and Prescription         N. Hebets

   History and policy considerations
      • Practical location of boundaries – lines of occupation
   Statutory law – statutes of Limitations
   Case law – elements of a claim

Understanding Easements and Rights of Way         N. Hebets

   Legal nature of easements
      • Servient and dominant estates or parcels
      • Easements in gross, easements appurtenant
      • Older and modern (highway) rights-of-way
   Express easements
   Non-express easements – “land locked”
      • Four types – sequential analysis
      • Necessity and adverse use

Resolving Boundary and Access Disputes         D. Mattingly, N. Hebets

   Types of boundary and access disputes
      • Adverse possession, easements, boundaries
   20-day quiet title demand
   Establishing disputed boundaries – optimal evidence
   Evaluating dispute resolution techniques
      • Litigation, arbitration, mediation, agreements, title insurance

Credits

This seminar offers 6.5 CLE
hours to Arizona attorneys and
a non-mandatory continuing
education opportunity to title
insurance producers, land
surveyors, and professional
engineers.

Continuing Education Credit Information

This seminar is open to the public and offers up to 6.5 CLE hours to Arizona attorneys. HalfMoon Education is a California-approved CLE provider for attorneys, and this course provides 6.5 CLE hours to California attorneys.

This event offers a continuing education opportunity of 6.5 hours to Arizona title insurance producers, land surveyors, and professional engineers. Continuing education is not mandatory for license maintenance in Arizona.

Arizona land surveyors and engineers with continuing education requirements in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules 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

Noel J. Hebets

Attorney at Law with Noel J. Hebets, PLC, PhoenixMr. Hebets has worked for more than 38 years as a licensed Arizona attorney working in, around, and for Arizona’s real estate development and construction industry since his admission to the Arizona State Bar in 1977. He received a B.S. degree from ASU’s Engineering College and a J.D. degree from ASU Law College. In the late 1970s, Mr. Hebets worked as a commercial litigator, primarily handling construction and real estate cases. Through most of the 1980s, he worked directly in Arizona construction and real estate development, including three and a half years as house counsel for the WM Grace Companies, and two years in a pre-lien business which he formed to improve the forms and procedures then in use. In 1991, Mr. Hebets began working in a solo practice from an office in Cave Creek/Carefree, generally covering normal commercial matters, real estate, construction, small business, corporations, contracts, leases and liens, but with a major focus on legal issues, such as access, lot splitting and well sharing, pertinent to development of the natural desert and other rural areas of the state. In late 2007, he moved into a home office near ASU, where he taught land use law to planning students. In late 2012 Mr. Hebets moved his office to its current location on 48th Street between McDowell and Thomas Roads. His legal work continues to focus on issues like lot-splitting, well sharing, and access.

Dale Mattingly

Black Mountain Surveying

Founder of Black Mountain Surveying in Surprise, AZMr. Mattingly first started surveying in 1984 and acquired the fundamental knowledge in construction, boundary and topographic surveying after working with local civil engineering and surveying firms. He later became a registered land surveyor with the State of Arizona in 2001. Black Mountain Surveying was established in 2004 in Surprise, Arizona. Mr. Mattingly is a member and former president of the Arizona Professional Land Surveyors Central Chapter. He is also a member of the National Society of Professional Surveyors. Mr. Mattingly’s experience in providing a broad range of services throughout the state of Arizona ranges from boundary surveys and agreements to lot splits and minor land divisions.