Boundaries and Easements Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:45 pm
Lunch (On your own): 12:45 – 1:45 pm
Afternoon Session: 1:45 – 5:30 pm
Locating Land Boundaries on Paper (And on the Ground)
B. Savage
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
B. Savage
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
Overview: Accommodating the Rights of
Mineral Owners and Surface Owners
W. Collier
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
Defining Trespass and Adverse Possession
B. Savage
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
B. Savage
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
Understanding Riparian and Water Rights
B. Savage
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
Credits
Attorneys
7.5 Kentucky CLE Hours
7.5 Indiana CLE Hours
7.5 Ohio CLE Hours
Professional Engineers &
Land Surveyors
7.5 PDHs
Landmen
7.5 AAPL CE Hours
Continuing Education Credit Information
This seminar is open to the public. It has been approved for 7.5 CLE hours for Kentucky, Indiana and Ohio attorneys.
This course offers 7.5 PDHs to Kentucky engineers and land surveyors. Courses for Kentucky engineers and land surveyors are not subject to preapproval.
The American Association of Professional Landmen has approved this program for 7.5 RL, RPL or CPL recertification credits and no CPL/ESA recertification or ethics credits.
Attendance will be monitored and reported, as required. 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
Wayne Collier
Kinked & Stilz, PLLCMember of Kinkead & Stilz, PLLC in Lexington
Mr. Collier concentrates his practice in the areas of civil litigation and appellate practice that often concerns real estate. Those property disputes involve many issues and claims such as quieting title, trespass, injunctive relief, mineral rights, boundaries, adverse possession and encroachments, deed and contract construction, and related tort claims, both real and personal. Mr. Collier is a graduate of the University of Kentucky (B.A. degrees, with high distinction, in English, Economics and Music Theory and Composition) and of the University of Kentucky College of Law (J.D. degree).
Barry E. Savage, PLS
Survey Products Group Manager with Tennessee Valley Authority in Chattanooga, TNPrior to his service at TVA, Mr. Savage was in private survey practice for 10 years specializing in dispute resolution and expert witness services. He has surveyed several disputed state boundaries to resolve jurisdictional conflicts. Mr. Savage is an adjunct professor at Cleveland State Community College where he teaches courses in boundary law, geodesy, GIS, and surveying fundamentals. He has researched and retraced the historical surveys of Henry David Thoreau and has published several articles on the subject. Mr. Savage teaches exam review and continuing education seminars at various state and local conferences across the country.
