Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 – 11:15 am

Lunch (On your own):       11:15 am – 12:15 pm

Afternoon Session:           12:15 – 4:40 pm

Resolving Boundary Disputes
S. Beatty

   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

Defining Trespass and Adverse Possession
C. Deifik

   Defining trespass and unlawful detainer
   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

Understanding Riparian and Water Rights
D. Rooney

   History and development of riparian rights
   Determining land boundaries near the water line
   Determining access rights to surface waters
   Determining rights to groundwater
   Complying with regulations restricting access to and
      use of surface water and groundwater

Identifying, Classifying and Locating Easements
C. Deifik

   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

Acquiring and Valuing Utility Easements and Rights of Way
C. Kelly 

   Defining “utility easement”
   Defining “right of way”
   Overview of condemnation procedure
      • Planning a taking
            Resolution
            Appraisal
            Surveying
            Environmental issues
            Title
      • Opposing a taking
            State level
            Federal level
            Assembling a team
      • Valuation
            Taking authority
            Owner
   Non-condemnation acquisitions of right-of-way
      • Implied way of necessity
      • Statutory way of necessity

Credits

Florida Attorneys
     8.0 CLER Credits
        8.0 Certification Hours
        City, County & Local Gov’t Law
        Real Estate Law
        State & Federal Gov’t & Administrative Practice

Florida Registered Paralegals
     8.0 CLE Hours

Florida Title Insurance
     8.0 Cont. Ed. Credits

Professional Engineers
     6.5 Florida Area Practice Hours

Professional Land Surveyors
     8.0 Continuing education Hours

Architects
     6.5 HSW CE Hours
     6.5 AIA HSW Learning Units


Continuing Education Credit Information

This seminar is open to the public. It has been approved by The Florida Bar for 8.0 C.L.E.R. credits for Florida attorneys. The approval includes certification hours in City, County and Local Government Law; Real Estate Law; and State and Federal Government and Administrative Practice. The course approval extends to Florida registered paralegals.

The Florida Department of Financial Services has approved this course for 8.0 CE0410 Title insurance credits for producers (Provider No. 370127).

The Board of Professional Surveyors and Mappers has approved HalfMoon Education as a continuing education provider for Florida professional land surveyors (Provider No. CE81). This course is approved for 8.0 course hours.

HalfMoon Education is an approved continuing education provider for Florida architects (Provider No. 0001388) and Florida engineers (Provider No. 0004647), and this course offers 6.5 CE hours. The American Institute of Architects has approved this seminar for 6.5 HSW Learning Units.

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

Scott Beatty

Mr. Beatty concentrates his practice in the areas of civil, business and commercial litigation, including real estate litigation, boundary and border disputes, business torts, construction and lien law litigation, contract disputes, collections, foreclosures and title insurance claims. In addition, he represents insurance carriers, third party administrators, and employers in the defense of workers’ compensation claims. Mr. Beatty also handles appellate cases throughout the state of Florida. He is admitted to practice in the United States District Courts for the Southern and Middle Districts of Florida, as well as the Eleventh Circuit Court of Appeals. Mr. Beatty holds an AV® Preeminent™ rating by Martindale-Hubbell. He was selected as one of Gulfshore Business Magazine’s and Business Observer’s (f/k/a Gulf Coast Business Review) top 40 Under 40. Mr. Beatty graduated from Wake Forest University, B.A., cum laude, in 1993, and graduated from University of Miami, J.D., cum laude, in 1996.

Celia Deifik

Ross, Lanier & Deifik, P.A.

Ross, Lanier & Deifik, P.A., NaplesMs. Deifik has been board certified in real estate law by The Florida Bar since 1990. She focuses her practice on commercial litigation, with emphasis on real estate-related litigation, including foreclosure defense, purchase and sale contract litigation (including deposit recovery/forfeiture and specific performance), quiet title, partition, adverse possession and/or prescriptive easement, reformation of deed or plat, and declaratory judgment actions. Ms. Deifik earned her J.D. degree from the University of Florida College of Law.

Carlos A. Kelly

Henderson, Franklin, Starnes & Holt, P.A., Fort Myers
Mr. Kelly is a lawyer (stockholder) at the Fort Myers-based law firm Henderson, Franklin, Starnes & Holt, P.A. He helps his business clients in the areas of partner/shareholder/co-owner claims, creditors’ rights, and other contract-based claims. Mr. Kelly helps his real estate clients in the areas of eminent domain; inverse condemnation; Bert J. Harris, Jr., Private Property Rights Protection Act claims; purchase and sale disputes; landlord/tenant claims; and foreclosure. He speaks and writes for a variety of audiences, including the firm’s Legal Scoop on Southwest Florida Real Estate blog. The Florida Bar’s Eminent Domain Committee, The Florida Bar’s City, County & Local Government Section, and the Florida Association of County Engineers & Road Superintendents have featured Mr. Kelly as a lecturer on eminent domain topics. The American Bar Association published an article Mr. Kelly wrote about the use of eminent domain to condemn underwater mortgages (December 10, 2012 web post). The Florida Bar Journal has published several of his articles, including two that he wrote about eminent domain topics. Mr. Kelly is AV rated by Martindale-Hubbell. In addition to being admitted to all Florida state courts, he is admitted to practice in the U.S. District Court for the Middle District of Florida, and the U.S. District Court for the Southern District of Florida. He graduated from The Florida State University in 1993, and graduated from Emory University School of Law in 1997.

Derek Rooney

GrayRobinson P.A.

GrayRobinson P.A., Fort MyersMr. Rooney practices in the areas of land use and local government law and is a board certified attorney in city, county and local government law. Mr. Rooney represents private and government clients on questions of general municipal law, land use and public-private partnerships. He currently serves as counsel to the Village of Estero, the Charlotte County Industrial Development Authority, the Lee County Metropolitan Planning Organization, and the Area Agency on Aging for Southwest Florida; and as special counsel to a number of other local government entities. He previously served as an assistant county attorney in the Charlotte County Attorney’s Office. While he has represented clients throughout the state, Mr. Rooney focuses on the needs of Southwest Florida and primarily practices in Charlotte, Collier, Desoto, Glades, Hendry, Lee and Sarasota counties. As a litigator, he concentrates on prosecuting and defending land use decisions before Florida courts, the Division of Administrative Hearings and a variety of state and local bodies. He also has extensive experience with claims under the Bert J. Harris, Jr., Private Property Rights Protection Act.