Determining Land Boundaries and Access Rights
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:15 pm
Lunch (On your own): 12:15 – 1:15 pm
Afternoon Session: 1:15 – 4:00 pm
Determining Land Boundaries D. Teter
Obtaining and interpreting land descriptions
Understanding different types of legal descriptions
Understanding principles of boundary location
• Collecting and evaluating all types of boundary evidence
• Locating the described land on a map
• Located the described land on the ground
• Understanding and using geographic information systems (GIS)
Obtaining and interpreting land surveys
• Choosing a survey type
• Survey review procedure and techniques
Case Studies: reading land descriptions and reviewing surveys
Identifying, Classifying and Locating Easements C. Saffer
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 J. Richardson Jr.
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 J. Richardson Jr.
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
7.2 West Virginia CLE Hours
6.0 Ohio CLE Hours
6.0 Virginia CLE Hours
Professional Engineers &
Land Surveyors
6.0 PDHs
Landmen
6.0 AAPL CE Hours
Continuing Education Credit Information
This seminar is open to the public. It has been approved for 7.2 CLE hours for West Virginia attorneys. This program is approved for 6.0 CLE hours for Ohio attorneys and Virginia attorneys.
This program offers 6.0 PDHs to West Virginia professional engineers and land surveyors to whom the subject matter is relevant. Educators and courses are not subject to preapproval in West Virginia.
The American Association of Professional Landmen has approved this activity for 6.0 RL, RPL or CPL recertification credit and no CPL/ESA or ethics credit.
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
Jesse Richardson
West Virginia University College of LawJesse J. Richardson, Jr., is an associate professor and the lead land use attorney at the Land Use and Sustainable Development Law Clinic at the West Virginia University College of Law. Before coming to WVU, Mr. Richardson was an associate professor at Virginia Tech. His research and experience focuses on land use law and water law. He began his legal career in private practice in his home town of Winchester, Virginia. Mr. Richardson presently serves on the board of directors of the American Agricultural Law Association and is the president-elect. Mr. Richardson previously served on the Virginia Water Policy Technical Advisory Committee. He was honored with the 1999 Professional Scholarship Award from the American Agricultural Law Association, the 2004 William E. Wine Award for a history of teaching excellence from Virginia Tech (the highest teaching award granted by the university), and the 2009 University Certificate of Excellence in Outreach.
Charles Saffer
Robinson & McElwee PPLCCharles F.W. Saffer is a member with Robinson & McElwee PPLC, in Charleston. He is an experienced real estate attorney who has handled numerous complex transactions and has litigated business and real property issues in courts throughout West Virginia. Mr. Saffer currently maintains an extensive title research and analysis practice throughout West Virginia for several natural gas exploration and production companies. This practice includes analysis of fee and leasehold titles, including issues arising from deed reservations, tax sales and intestate succession. Mr. Saffer also represents commercial property owners and tenants in leasing and development matters.
Donald Teter
Donald L. Teter is a professional surveyor. He graduated with honors in 1973 from Davis and Elkins College with a B.A. degree in History and Political Science. He began surveying in 1974, working his way up to take the licensing exams in 1982. Mr. Teter has been a mostly self-employed West Virginia licensed surveyor since that time. He is past-president of the West Virginia Society of Professional Surveyors, was editor of The West Virginia Surveyor for ten years, served for ten years on the Board of Directors of the national Surveyors Historical Society, and is a member of the National Society of Professional Surveyors. For the past 34 years, he has been surveying mostly rural properties, with a scattering of urban and suburban work, and occasional topographic and minor construction surveying. For 15 years he has been presenting continuing education seminars for professional societies and educational institutions in West Virginia, and he has also presented in seven other states. Mr. Teter works part time as a member of the West Virginia surveyor licensing board’s Complaint Review Committee, is a part-time investigator for the board, and is an adjunct instructor of surveying and boundary law at Fairmont State University.