Determining Land Ownership and Access Rights
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 – 11:15 am
Lunch (On your own): 11:15 – 12:15 pm
Afternoon Session: 12:15 – 4:00 pm
Locating Land Boundaries C. Beland
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
Solving land description and boundary location problems
Identifying, Classifying and Locating Easements W. Hosler
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 R. Apkarian 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 S. Kelley
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
Understanding Utility Easements and Rights of Way R. Aaron
Current law on utility rights of way
• Federal laws and regulations
• State laws and regulations
Types of utilities affected
• Electric, water, natural gas, telecommunications, satellite communications
Basis for and definition of the easement
Encroachments and interferences
Maintenance
Environmental issues
Condemnation law
Current issues involving utility easements
Credits
Attorneys
Michigan: No Mandatory CLE
6.0 Ohio CLE Hours
6.0 Indiana CLE Hours
Professional Engineers
6.0 CE Hours
Professional Surveyors
6.0 CE Hours
Landmen
6.0 AAPL CE Hours
Continuing Education Credit Information
This seminar is open to the public and offers a non-mandatory continuing education opportunity to Michigan attorneys. The Ohio Commission on CLE and the Indiana Commission on CLE have each approved this program for 6.0 CLE hours.
This seminar offers Michigan professional engineers and professional surveyors 6.0 continuing education hours. Educators and courses are not subject to preapproval in Michigan.
Professional engineers and surveyors seeking continuing education in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility. Michigan specific course content is not eligible for continuing education credit in Indiana and Ohio.
The American Association of Professional Landmen has approved this event for 6.0 RL, RPL or CPL recertification credits and 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
Richard Aaron
Mr. Aaron is a member in the Energy Industry Group with a focus on traditional utilities; nuclear, coal and natural gas-fired power production; bio-mass plant operations; independent power production; renewable energy; cogeneration; natural gas pipelines, transportation, storage and distribution; and oil and gas development, production and end user issues. Mr. Aaron has appeared before federal and state regulatory agencies. He has been recognized in The Best Lawyers in America® for administrative/regulatory law and energy law since 2007. He is the recipient of an AV® Preeminent™ rating by Martindale-Hubbell. He has also been recognized in Michigan Super Lawyers® in 2008-2009 and 2011-2015.
Richard Apkarian
Paesano Akkashian Apkarian, P.C.Paesano Akkashian Apkarian, P.C., Bloomfield Hills, MIMr. Apkarian joined Paesano Akkashian Apkarian, P.C. in 2013. He was previously with Dickinson Wright PLLC for ten years. Mr. Apkarian is a trial lawyer who represents landowners and tenants in real estate litigation, including boundary disputes, property damage claims, lease disputes and eminent domain litigation. He also represents companies and individuals in a variety of business cases, including shareholder disputes, contract actions and collections. In addition to his litigation practice, Mr. Apkarian negotiates and drafts numerous contracts and real estate documents. He received his law degree, with honors, from the University of North Carolina School of Law and his undergraduate degree from Michigan State University. Mr. Apkarian has been named a “Super Lawyer” in Commercial Litigation by Michigan Super Lawyers each year since 2013.
Chris Beland
PEA Inc.PEA Inc., Brighton, MIMr. Beland is a professional surveyor for PEA where he is a senior project manager specializing in land development with a focus on acquisitions and redevelopment. Through his education and experience, he has learned that the most important part of any project is the people on the project team and how they cohesively work together toward the same vision. Whether it’s the client or the end user, understanding their needs, expectations and perceptions is paramount to the project’s success. Mr. Beland was most recently the Director of the Office of Land Survey and Remonumentation for theState of Michigan and brings 20+ years of experience in the land surveying industry in public and private practice. He graduated from Ferris State University with a BS degree in Surveying Engineering, and he graduated from Northwood University with an MBA degree in Business Management.
William Hosler
Williams, Williams, Rattner & Plunkett, P.C.Partner at Williams, Williams, Rattner & Plunkett, P.C.Mr. William Hosler is a partner at WWRP with over 27 years of experience in general civil litigation and business transactions. Although his practice is focused on real estate property law and title insurance law, he also has extensive experience in municipal law, and small business counseling, and he has successfully represented several clients in family law matters. Mr. Hosler is a longstanding professional member of the Michigan Land Title Association. He is an active member of the State Bar of Michigan Real Property Law Section, as well as its Standing Committee on Land Title Standards where he co-authored various sections of the most recent Michigan Land Title Standards – 6th Edition. Mr. Hosler served as chair of the Real Estate Law Committee of the Oakland County Bar Association, and as Chair of the City of Royal Oak Charter Review Committee, and was a member of the Oakland County Bar Association’s Public Advisory Committee on Judicial Candidates. He is a former member of the Zoning Board of Appeals for the City of Bloomfield Hills and is a member of its Planning Commission. Mr. Hosler is frequently appointed as an Oakland County circuit court case evaluator.
Steve M. Kelley
Steve M. Kelley was admitted to practice in Michigan in 1981. He is a member of the State Bar of Michigan and its Environmental, Insurance and Indemnity, and Appellate Law sections, and he is a past member of the Surface Water/Groundwater Committee of the Environmental Law Section. Mr. Kelley also is a member of the American Bar Association and its Environment, Energy & Resources, Litigation, and Tort Trial & Insurance Practice sections. He served as chair of the Environmental & Energy Policy Committee of the Greater Detroit Chamber of Commerce (now Detroit Regional Chamber) for three years. Mr. Kelley has been named a Michigan Super Lawyer each year since 2008 and was elected a Life Fellow of the Michigan State Bar Foundation. Admitted to all Michigan courts, he practices statewide from his office in St. Clair Shores. Mr. Kelley also served 16 years as a trustee of and four years as president of the Michigan Nature Association.