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                                T. Smithson
(And on the Ground)

   Interpreting land descriptions
      • Metes and bounds
      • Lot and block
      • Dos 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)
   Solving land description and boundary location problems

Identifying, Classifying and Locating Easements          G. Anderson

   What is and is not an easement
   Creating easements under Colorado law: easements
      by necessity, easements by use, written easements
   Identifying critical distinctions between easements
      in gross, and easements appurtenant
   Maintaining easements
   Knowing when and how to terminate easements
   Obstructing use of easements and determining
      remedies for obstruction
      • Restrictions on use       • Relocating easements
      • Easements and property taxes      • Recreational easements
      • Access for minerals                     • Railroad easements

Defining Trespass and Adverse Possession                  D.M. Pittinos

   Defining trespass
   Reviewing the history of adverse possession
   Maintaining a claim for adverse possession
      • Statute of limitations       • Elements of a claim
   Defending against a claim for adverse possession
   Examining recent adverse possession cases

Resolving Boundary Disputes                                             N. Osborn

   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

Accommodating the Rights of Mineral Owners and         T. Kimmell
Surface Owners

   Legal rights of mineral and surface owners
   Legal and practical exercise of access rights
   Where do one party’s rights end and the other’s begin?
   Rights of adjacent property owners
   Resolving disputes

Credits

Colorado Attorneys
     8.0 CLE Hours

Professional Engineers &
Land Surveyors
      Non-Mandatory Cont. Ed.

Landmen
     6.5 AAPL CEU Credits

Continuing Education Credit Information

This seminar is open to the public. The Colorado Office of Continuing Legal and Judicial Education has approved this program for 8.0 CLE hours for attorneys.

This seminar offers a continuing education opportunity to Colorado professional engineers and land surveyors. Continuing education is not required for license maintenance in Colorado; however, licensees 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.

The American Association of Professional Landmen has approved this event for 6.5 RL, RPL or CPL recertification credits/CEUs and no CPL/ESA or ethics credits.

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

Geoffrey Anderson

Sweetbaum Sands Anderson PC

Shareholder at Sweetbaum Sands Anderson PC in DenverMr. Anderson practices in the areas of real estate litigation, commercial litigation and real estate transactions. For 2010-11, Mr. Anderson was chair of the Real Estate Section Council of the Colorado Bar Association. He is the author of the book Colorado Quiet Title Actions formerly publishedby Bradford Publishing but now published by CLE of Colorado and author of the chapter on easements in Colorado Real Estate Forms Desk Book also from CLE of Colorado. Mr. Anderson is a frequent lecturer on real estate topics including easements, roads, boundary disputes and quiet title. He is a member of the Title Standards Committee of the Colorado Bar Association and the Forms Committee of the Colorado Real Estate Commission. Mr. Anderson earned his law degree at the University of Denver and a bachelor of science degree at Colorado State University.

Thomas Kimmell

Zarlengo & Kimmell, PC

Member of Zarlengo & Kimmell, PC, in DenverMr. Kimmell concentrates his practice in oil and gas and related litigation. His practice includes trials, administrative hearings, mineral notifications, liens and oil and gas contract, lease and title matters. Mr. Kimmell received his A.B. degree, magna cum laude, from Harvard University and his J.D.degree from Columbia Law School. He is a member of the American, Colorado and Denver bar associations.

Nathan Osborn

Attorney, Montgomery Little and Soran, PC

Mr. Osborn is an equity shareholder with Montgomery Little & Soran in Greenwood Village, Colorado. His practice is focused on real estate litigation, real estate transactions, and commercial litigation. He also helps numerous real estate and medical businesses by acting as their full-service corporate attorney. In addition to his work for clients, Mr. Osborn can be hired as an expert witness in cases involving real estate issues. He is licensed to practice in Colorado and Nebraska. Mr. Osborn represents a broad mix of clients but primarily handles matters relating to real estate title and access disputes, title insurance, boundary disputes, landlord-tenant disputes, leases, foreclosures, title agent negligence, liens, easements, real estate purchases and sales, real estate development, condominium conversions, real covenants, spurious liens, partitions, and real estate broker license complaint cases. Mr. Osborn is also a trial attorney and has tried 40 cases in his career. Mr. Osborn received the highest “AV Preeminent” rating from Martindale Hubbell in 2014 and has maintained this prestigious rating since then. Mr. Osborn was also recognized as a 2018 and 2019 Super Lawyers – Rising Star.

D. Merc Pittinos

Attorney with Moye White LLP in Denver, CO

Mr. Pittinos focuses his practice in the areas of real estate and commercial litigation. In his real estate litigation practice, Mr. Pittinos focuses on helping developers, landlords, and homeowners protect their property rights; he assists clients in resolving disputes over the purchase and development of real estate; and he frequently litigates disputes over boundaries, roads, easements, and leases. He has written and lectured about Colorado adverse possession law. Mr. Pittinos also helps to address real estate issues as a member of Planning and Zoning Commission of the City of Englewood. In 2013 and 2014, he was selected as a rising star in real estate by Colorado Super Lawyers.

Teresa Smithson, GISP, PLS

Jacobs Engineering Group

Project Surveyor at Jacobs Engineering Group in DenverMs. Smithson has more than 20 years of experience in land surveying and is employed by Jacobs Engineering Group. She earned a master’s degree in Geospatial Surveying Engineering from Texas A&M and is currently a PhD student at the University of Colorado – Denver working to integrate survey data and GIS systems. Her published articles about surveying include Rules of the Game: Coordinates as Boundary Evidence. Ms. Smithson is an active member of the geospatial community, and she is on the Board of Directors for both Professional Land Surveyors of Colorado (PLSC) and the Rocky Mountain Chapter of the Urban and Regional Information Systems Association (URISA).