Boundaries and Easements Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 – 11:45 am
Lunch (On your own): 11:45 – 12:45 pm
Afternoon Session: 12:45 pm – 4:30 pm
Locating Land Boundaries on Paper (And on the Ground) C. Church
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 R. Williamson
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
Defining Trespass and Adverse Possession C. Forster
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
Understanding Riparian and Water Rights P. Taggart
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
Accommodating the Rights of Mineral Owners and Surface Owners L. Granier
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
Attorneys
6.5 Nevada CLE Hours
6.5 California CLE Hours
Land Surveyors & Engineers
6.5 PDHs
Landmen
6.5 AAPL CE Hours
Continuing Education Credit Information
This seminar is open to the public. The Nevada Board of Continuing Legal Education has approved this course for 6.5 CLE hours (no ethics) for attorneys. The State Bar of California has approved HalfMoon Education Inc. as an MCLE sponsor, and this program offers 6.5 CLE hours to attorneys and paralegals.
This seminar offers 6.5 PDHs to Nevada professional land surveyors and 6.5 PDHs to Nevada professional engineers to whom the subject matter is professionally relevant.
The American Association of Professional Landmen has approved this event for 6.5 RL, RPL or CPL recertification credits 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
Charles Church
Sierra Surveying, Inc.Sierra Surveying, Inc.Mr. Church has been involved in the surveying profession since 1970, coordinating both field and office operations. Early experience was gained while associated with several survey, engineering and architectural firms in Indiana and Ohio. For the past 27 years he has practiced in Arizona, Nevada and California. Mr. Church worked in Raymond Vail & Associates’ Tahoe City, California, office for three years overseeing it’s daily surveying operations in and around the Lake Tahoe basin. Mr. Church has had extensive experience involving construction staking, boundary surveys, private developments, and municipal works. As president of Sierra Surveying, Inc., he oversees daily operations to assure quality control and timely delivery.
Courtney Forster
Gunderson Law Firm
Ms. Forster is admitted to the state bars of Nevada and California, along with all federal courts in both states. She has represented a wide variety of clients from Nevada, California, and across the country. Ms. Forster has appeared in both state and federal courts, including at the appellate level, across Nevada and California. She has represented clients in several jury and non-jury trials, arbitrations, and mediations. Ms. Forster is the author of numerous published articles on topics that affect individuals and business alike, including personal liability shields and construction defect reform, and she has presented educational seminars to non-lawyer professional organizations.
Laura Granier
Partner at Davis Graham & Stubbs, LLPLaura Granier is a partner at Davis Graham & Stubbs LLP. Ms. Granier’s practice includes regulatory work including government affairs with a focus on natural resources and land use and complex commercial litigation. She has successfully handled several issues of first impression involving mineral resources in Nevada, including a 2011 case enjoining enforcement of a state tax imposed on mining claims determined to be unconstitutional as well as cases involving complex land tenure issues and water rights. Ms. Granier has been involved in the land use planning process in Nevada for greater sage grouse conservation efforts and currently is lead counsel for a number of Nevada counties and private plaintiffs challenging the Bureau of Land Management’s and U.S. Forest Service’s decisions issued in that land use planning process. Ms. Granier has successfully handled litigation involving complex land tenure issues for various mining projects throughout Nevada. She has worked closely with legislators in previous sessions on challenging issues related to water, mineral resources, revenue, education and land use. Her regulatory experience includes a broad spectrum of work before various agencies with regulatory jurisdiction over environmental issues, mining, education, taxes, land use, and public utilities.
Paul Taggart
Founding Partner at Taggart and Taggart Ltd., in Carson City, NVMr. Taggart is the founding partner of Taggart and Taggart, Ltd. Long respected in the water rights arena, representing businesses and municipalities in transactional and litigation matters, his practice includes water rights acquisitions, sales, contracts, easements, well share and water delivery agreements, adjudications, permitting, extensions, transfers, certification, regulatory compliance and litigation of water rights disputes before state administrative bodies as well as State and Federal trial and appellate courts. Additionally, he practices real property, real estate, land use, redevelopment, complex and general civil litigation, and administrative proceedings. Mr. Taggart provides his clients the unique combination of legal experience combined with particularly skilled considerable success in representation of clients and projects. He continues to be actively involved in working with and handling matters and individuals, corporate clients, business owners, contractors, developers, and lenders throughout Nevada look to him to represent them in complex water law cases and issues.
Richard Williamson
Robertson, Johnson, Miller & WilliamsonRobertson, Johnson, Miller & WilliamsonMr. Williamson is a partner with the law firm of Robertson, Johnson, Miller & Williamson in Reno, Nevada. He received his undergraduate degree from the University of San Diego and his J.D. degree from American University’s Washington College of Law. Mr. Williamson is a member of the American Bar Association, and he contributes much of his spare time to volunteer activities. He began his career as a law clerk in the Second Judicial District Court for the State of Nevada. His practice now focuses on real estate law and litigation.