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 – 4:30 pm
Locating Land Boundaries on Paper (And on the Ground) J. Stahl
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 M. Hill Birrell
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
Resolving Boundary Disputes J. Stahl
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 S. Bouley
Defining trespass
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 Western Water Law J. Craig Smith
History and development of the Appropriation Doctrine
Severance of land ownership and water rights
Laws governing access to water sources on land of others
Eminent domain rights of water users
Complying with stream alteration law
Credits
Utah Attorneys
6.5 CLE Hours
Utah Title Insurance Producers
7.0 CE Hours
Utah Engineers &
Land Surveyors
6.5 PDHs
Landmen
6.5 AAPL CE Hours
Continuing Education Credit Information
This seminar is open to the public. The Utah State Board of CLE has approved it for 6.5 CLE hours for attorneys.
The Utah Insurance Department has approved this program for 7.0 title continuing education hours for title insurance producers.
The American Association of Professional Landmen has approved this course for 6.5 RL, RPL or CPL recertification credits, which includes no CPL/ESA recertification or ethics credits.
This course offers Utah engineers and land surveyors 6.5 PDHs to whom the subject matter is professionally relevant. Course providers and courses are not subject to preapproval in Utah.
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
Melinda Birrell
Durham, Jones & Pinegar, P.C.Senior Associate with Durham, Jones & Pinegar, P.C.Ms. Birrell is a senior associate with Durham, Jones & Pinegar and has worked in both its St. George and Salt Lake offices. Ms. Birrell is primarily a litigator, focusing on disputes involving real property, employment, and contracts. She also handles legal matters in the areas of real estate development, bankruptcy and creditors’ rights, and municipal law. Her experience includes representation of developers, builders, contractors, landlords, bankruptcy trustees, and Utah municipalities, including four years as associate legal counsel for Washington City. Ms. Birrell has served on the board of the Women Lawyers of Utah and was named to Mountain States Super Lawyers Rising Stars in 2015 and 2016. She received two bachelor’s degrees from the University of Utah and her J.D. from the J. Reuben Clark Law School at Brigham Young University.
Sara Bouley
Attorney, Action Law LLCMs. Bouley is a founding member of Action Law LLC with over 17 years of experience in title insurance defense, real property and commercial litigation, involving matters such as easements, coverage disputes, reformation actions, lien priority disputes, mortgage fraud, foreclosures, contract disputes, boundary issues, adverse possession, commercial landlord/tenant disputes, lender liability, TILA, corporate fraud, corporate governance issues, directors’ and officers’ liability, product liability, including in mass tort matters, and FAA enforcement actions. Among other activities, she is a member of the Utah State Bar Ethics Advisory Opinion Committee, the immediate past chair of the Real Property Section of the Utah State Bar, a real property bar examiner, and a volunteer small claims court judge. She has been recognized as a “Legal Elite” in Civil Litigation and Trial by Utah Business: The Magazine for Decision Makers.
J. Craig Smith
Partner at Smith Harvigsen PLLCMr. Smith has more than three decades of experience as an attorney, in which he has successfully handled a number of complex water disputes, land use disputes, takings claims, and other issues. He has argued over 30 appeals to the Utah Supreme Court. Mr. Smith has represented public and private parties in takings claims arising from land use decisions, represented numerous water users in successful settlement of instream flow claims on the San Rafael River, and won appeals for municipalities and water entities before the Utah and New Mexico Supreme Courts. His most notable projects include securing the water rights for Duchesne City through an act of Congress, successfully entitling and securing water rights for a multimillion-dollar resort in Kane County, and creating the first municipal natural gas utility in Utah.
John B. Stahl
President of Cornerstone Professional Land Surveys, Inc.
John B. Stahl is a professional land surveyor and president of Cornerstone Professional Land Surveys, Inc. has been involved in land surveying, engineering and related fields since 1976, specializing in boundary retracement and boundary dispute resolutions and litigations. He is licensed in the States of Utah and Montana. In addition to the operation of his business, Mr. Stahl serves as an adjunct professor at Salt Lake Community College where he lectures 54 hours per year on the fundamental elements of Land Boundary Law. Mr. Stahl was formerly the instructor for the Land Survey Mathematics and Ethics & Liability Courses. He also participates annually in Boundary Law Seminars for the National Business Institute (NBI) and HalfMoon Education. He is also a member of the Utah Council of Land Surveyors (UCLS) serving as its chair in 1992. Mr. Stahl takes an active role in education and legislative concerns of the profession.
Mr. Stahl provides expert witness services and assistance to attorneys, title companies, developers and land owners. He can assist with the necessary title research, historical research and analysis of land boundary or title problems. His insight and expert application of legal principles affecting the location of boundary lines or the rights, title or interests of property will provide an element of certainty necessary for knowledgeable, informed decisions. Mr. Stahl can provide input and assistance in the litigation process in the preparation of complaints, responses, interrogatories, and requests for production. He can prepare surveys, reports, affidavits and exhibits necessary for presentation in the courtroom.
Mr. Stahl has over 27 years of experience and involvement in the land surveying profession. He will utilize his years of experience and knowledge in the field of land surveying as well as more than 15 years of business ownership to meet the land surveying needs of his clients. He keeps abreast of current events within the profession to further the education of the public and career students. His background enhances projects through the proper analysis and determination of boundary locations and encroachments, and their impact upon rights, title and interests.