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 (And on the Ground)         C. Colwell

   Interpreting land descriptions

      • Metes and bounds

      • 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         C. Colwell

   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. Ratte

   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

 Understanding Riparian and Water Rights         W. Parnell

   History and development of riparian rights

   Determining land boundaries near the water line

   Determining access rights to surface waters

Resolving Boundary Disputes         W. Parnell

   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

     6.5 New Hampshire CLE Hours
     6.5 Maine CLE Hours
     7.5 New York CLE Hours
     6.5 Vermont CLE Hours

Professional Engineers

     6.5 PDHs

Land Surveyors

     1.625 CEUs (6.5 Hours)

Foresters

     6.5 CEUs

Landmen

     6.5 AAPL CE Hours

Continuing Education Credit Information

This seminar is open to the public. It offers continuing education credits to attorneys, professional engineers, land surveyors, foresters, and landmen.

This course offers 6.5 CLE hours to New Hampshire attorneys. (Courses are no longer pre-approved.) It is approved for 6.5 CLE hours for Maine attorneys. HalfMoon Education is a Vermont-approved CLE sponsor, and this course offers 6.5 CLE hours. HalfMoon Education is a New York-approved CLE provider, and this courses offers 7.5 Area of Professional Practice CLE hours suitable for new and experienced attorneys.

This program offers 6.5 PDHs to New Hampshire engineers, 1.625 CEUs (6.5 hours) to New Hampshire land surveyors, and 6.5 CEUs to New Hampshire foresters. Educators and courses are not subject to preapproval in New Hampshire. These professionals seeking continuing education credit in other states need to refer to specific state rules to determine credit eligibility.

The American Association of Professional Landmen has accredited this course for 6.5 RL, RPL or CPL recertification credits, which includes 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

J. Colwell

MSC, A Division of TF Moran, Inc.

Vice President/Division Manager at MSC, A Division of TF Moran, Inc.Mr. Colwell is vice president and MSC division manager, and he has over 30 years of experience in land surveying and civil/environmental permitting. He has managed residential, commercial, and industrial projects throughout seacoast New Hampshire. Mr. Colwell has 24 years of experience with presentations to land boards and 17 years of experience in expert testimony for boundary dispute issues in the court system of New Hampshire. He is a member of the New Hampshire Land Surveyors Association.

William Parnell

Parnell, Michels & McKay, PLLC

Member, Parnell, Michels & McKay, PLLCMr. Parnell is a member of the law firm of Parnell, Michels & McKay, PLLC, where he focuses his legal practice on real estate litigation, condominium and homeowner association issues and other civil litigation areas. Over his career, he has tried several boundary/easement and adverse possession cases to a conclusion and served as lead counsel in numerous others. In addition to his practice, Mr. Parnell has been active in community service, including Rotary and Chamber of Commerce, and he has served in several economic development roles. As an adjunct professor, he taught paralegal studies in real estate and other areas and has also lectured in continuing education on the topic of ethics. Mr. Parnell graduated from Boston University in 1971 and from the New England School of Law in 1976. He was admitted to practice in Massachusetts in 1977 and in New Hampshire in 1978. Mr. Parnell is admitted to both the New Hampshire and Massachusetts bars and the United States District Courts in New Hampshire and Massachusetts.

Christopher Ratte

Attorney, sklawyers, pllMr. Ratte practices primarily in the areas of business law, real estate, contracts and commercial transactions, estate planning and business succession planning. He is admitted to practice in New Hampshire and Maine and earned his J.D. degree from the Pierce Law Center. Mr. Ratte is a member of the New Hampshire Bar Association (member, Real Property Section), the Maine Bar Association, the International Academy of Collaborative Law Professionals, and the Collaborative Law Alliance of New Hampshire.