Boundaries and Easements Seminar
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 – 4:40 pm
Locating Land Boundaries on Paper (And on the Ground)
W. Lathrop
What a deed tells us about real property interests and their
locations – or doesn’t
Common kinds of land descriptions in New Jersey:
– Metes and bounds
– Reference to a subdivision
– Reference to a tax parcel
– “Strip” descriptions
– 3-D descriptions (condominiums, split estates)
– Blanket easements
Reading a description to find evidence of location
The work involved in writing a description
Tying the paper deed to the ground: what is evidence of a boundary?
Why paper and ground may not match
When the paper and the ground don’t match: the hierarchy of
evidence in descriptions
Summary: elements of a good description
Identifying, Classifying and Locating Easements
J. Grabas
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
W. Lathrop
Defining trespass
Distinctions between trespass, adverse possession and prescriptive rights
Maintaining adverse claims
– Statute of limitations
– Elements of a claim
– “Lost grant” claims
– Quiet title actions
Understanding Riparian and Water Rights
J. Grabas
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
Resolving Boundary Disputes
J. Grabas/ W. Lathrop
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
Credits
Attorneys
8.0 New Jersey CLE Hours
Professional Engineers
6.5 CE Hours
NJ Title Insurance Producers
8.0 CE Hours
NJ Professional Land Surveyors
6.5 PDHs
Continuing Education Credit Information
This seminar is open to the public. HalfMoon Education Inc. is a New Jersey CLE Service Provider (No. 164), and this course offers 8.0 CLE hours to New Jersey attorneys.
The New Jersey Department of Banking and Insurance (Provider No. 30178) has approved this event for 8.0 Title continuing education credits.
This course offers New Jersey professional engineers and land surveyors 6.5 PDHs. It is approved by the New Jersey State Board of Professional Engineers and Land Surveyors.
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
Joseph A. Grabas
Mr. Grabas is the award winning author of Owning New Jersey:
Historic
Tales of War, Property Disputes & The Pursuit of Happiness. He has been designated as a certified title professional by the New Jersey Land Title Association and recognized as a national title professional by the American Land Title Association. During his 40 years in the title industry, Mr. Grabas has performed extensive title research in five states, all 21 counties in New Jersey, the records of the New Jersey State Archives, and the East and West Jersey Board of Proprietors. During that time he has researched, examined and/or insured over 100,000 land titles. He has been called upon to conduct complex title research for the New Jersey State Attorney General, the US Fish & Wildlife Service, the New Jersey Department of Transportation, the New Brunswick Parking Authority, the County of Middlesex, Rutgers University, the US Department of Defense, Conoco-Phillips, BP, Citgo, Northrup Grumman and others. Mr. Grabas has been accepted as a qualified expert by the New Jersey Superior Court in matters regarding real property records, title research, title insurance and conveyancing. He owned and operated a successful title agency for 31 years and formerly owned and operated the largest title search company in the state. Mr. Grabas is a licensed title producer and certified title insurance instructor by the New Jersey Department of Banking and Insurance. As one of the founding trustees of the New Jersey Land Title Institute, he instructed the title insurance pre-licensing education course at Rutgers University, Drew University and Bloomfield College. In 2008, Mr. Grabas founded the Grabas Institute for Continuing Education, LLC, and is authorized by the New Jersey Supreme Court, NJDOBI, New Jersey Real Estate Commission, Pennsylvania Department of Insurance and the Pennsylvania Supreme Court to provide continuing professional education to the title, legal, real estate & insurance fields. He was appointed in 2012 to serve on the New Jersey State Tidelands Council. Mr. Grabas serves on the ALTA Education Committee and is a past president of the New Jersey Land Title Association and a visiting lecturer at Monmouth University.
Wendy Lathrop, PLS, CFM, CFS
President and Owner of Cadastral Consulting, LLCMs. Lathrop is licensed as a professional land surveyor in New Jersey, Pennsylvania, Delaware, and Maryland, and as a professional planner in New Jersey. She holds a master’s degree in Environmental Policy and has been involved in surveying since 1974 in projects ranging from construction to boundary to environmental land use disputes. Ms. Lathrop is also a certified floodplain manager through the Association of State Flood Plain Managers (ASFPM) and a certified floodplain surveyor through the New Jersey Society of Professional Land Surveyors. A former adjunct instructor at Mercer County College in New Jersey, she has also taught as part of the team for the licensing exam review course at Drexel University in Pennsylvania. Ms. Lathrop has been teaching seminars for surveyors since 1986 and has been writing articles for surveyors since 1983. She is a contributing editor for The American Surveyor magazine, and she has four articles included in the American Bar Association’s text, Land Surveys: A Guide for Lawyers and Other Professionals. She and Stephen V. Estopinal, PLS, PE co–authored a book entitled Professional Surveyors and Real Property Descriptions: Composition, Construction, and Comprehension, published by John Wiley & Sons, Inc. in 2011. She is also on the faculty of GeoLearn, a web-based educational provider. Ms. Lathrop is a past president of the New Jersey Society of Professional Land Surveyors and of the National Society of Professional Surveyors, and she has served on the Board of Directors for the American Association for Geodetic Surveying.