Land and Water Law: Ownership and Access
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 – 5:00 pm
Locating Land Boundaries on Paper (and on the Ground) R. Olsen
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 Private Easements W.M. Bryant
What is and is not an easement
Reviewing Illinois law on easements
Creating easements: easements by necessity, easementsby 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
Resolution of disputes involving easements
Defining Trespass and Adverse Possession K. Davies
Defining trespass
Reviewing the history of adverse possession in Illinois
Maintaining a claim for adverse possession
Statute of limitations
Elements of a claim
Defending against a claim for adverse possession
Examining recent eminent domain cases
Understanding Riparian Rights and Access to Surface Water H. Sheldon
History and development of riparian rights
Determining land boundaries near the water line
Determining access rights to surface waters
Limitations on rights to surface waters and surface run-off
How do modern environmental laws affect riparian rights?
Understanding Utility Easements and Rights of Way J. Phillips
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
7.0 Illinois CLE Hours
8.0 Wisconsin CLE Hours
Land Surveyors & Engineers
7.0 PDHs
Attorneys
7.0 Illinois CLE Hours
8.0 Wisconsin CLE Hours
Land Surveyors & Engineers
7.0 PDHs
Landmen
7.0 AAPL CEUs
This seminar is open to the public. This course is approved by the MCLE Board of the Supreme Court of Illinois for 7.0 CLE hours. It is also approved by the Wisconsin Board of Bar Examiners for 8.0 CLE hours for attorneys.
This seminar offers up to 7.0 PDHs to Illinois land surveyors and 7.0 PDHs to Illinois engineers to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Illinois. Land surveyors and engineers with continuing education requirements in other states will be able to able the hours from this seminar, in most cases. Refer to specific state rules to determine eligibility.Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event.
The American Association of Professional Landmen has approved this seminar for 7.0 RL, RPL or CPL recertification credits and no CPL/ESA or ethics credits.
Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
W. Matthew Bryant
Counsel with Saul, Ewing, Arnstein & Lehr, LLPMr. Bryant focuses his practice on construction law. He writes and negotiates construction contracts for private and public projects, representing participants including owners, architects, engineers, general contractors, and subcontractors. Mr. Bryant resolves construction project performance and payment disputes, including surety bond claims and mechanics lien claims. He also represents owners and contractors in litigation matters including defense and prosecution of breach of contract, warranty, and construction defect claims. Mr. Bryant has defended design professionals against claims of professional negligence. He has written and spoken on many construction-related topics, including contract negotiation, public construction, and licensure of construction professionals. Among other organizations, he is a member of the Steering Committee of the American Bar Association Forum on Construction Law Division 7 for Insurance, Surety, and Liens.
Kenneth Davies, Of Counsel, Heyl, Royster, Voeckler & Allen
HEYL, ROYSTER, VOECKLER & ALLENKenneth Davies is Of Counsel at the law firm Heyl, Royster, Voeckler & Allen. Mr. Davies’ practice focuses in real estate and commercial transactions, corporate organization, real estate development, land use laws, property disputes, and estate planning. He has represented clients in the creation of multi-million dollar subdivisions and condominiums, business acquisitions, shopping centers, and franchise agreements requiring the negotiation of such issues as matters of title, surveys, and environmental clean-ups. An accomplished litigator, he has successfully argued in the Federal Court of Appeals, winning groundbreaking cases resulting in a change it the way the United States administers its flood insurance policies. Mr. Davies serves on the Illinois State Bar Association’s Real Estate Section Council. In addition to drafting and reviewing proposed legislation involving real estate matters, he lectures throughout Illinois on real estate including matters involving realtors and real estate brokers, contracts, agency, fair housing, licensing, construction law and antitrust.
Russell W. Olsen, PLS
Senior Professional Land Surveyor with Engineering Design Source, Inc., in Chesterfield, MOMr. Olsen is a Senior Professional Land Surveyor with Engineering Design Source, Inc., a Civil Engineering and Surveying Firm based in Chesterfield, Missouri. Mr. Olsen has more than 30 years’ experience as a professional land surveyor, beginning in the Chicago metropolitan area. He is currently licensed as a land surveyor in Illinois, Missouri, Wisconsin, Indiana, and Texas.
He has been fortunate to have worked on numerous Highway Department/Department of Transportation horizontal and vertical control surveys, land acquisition and topographic surveys, County Transportation Department Plats of Highway, and Municipal Highway Department surveys.
Mr. Olsen is currently enrolled in the University of Maine Graduate School in the Surveying Engineering Technology Program. He earned an MS in Engineering Technology-Surveying Engineering in 2024 and is currently working on an Eng.D in the same subject at UMaine. He has a BA in Mathematical Sciences. Mr. Olsen has presented seminars and webinars previously with HalfMoon Education on topics including Law and Ethics of Illinois Land Surveying; Locating Land Boundaries on Paper (and on the Ground); Complying with Minimum Standards of Practice; Handling Ethical Issues in Land Surveying Practice; Complying with the Illinois Plat Act; Complying with National Society of Professional Surveyors Creed and Canons. His article “The Changing Mosaic of Professional Land Surveying Licensure Requirements in the United States and its Territories” is to be published in the May 2026 Journal of Surveying and Land Information Science (SaLIS) of the American Association for Geodetic Surveying (AAGS).
Jonathan Phillips
SHAY PHILLIPS, LTDJonathan Phillips is a shareholder at the law firm Shay Phillips, Ltd. Mr. Phillips focuses his practice on intellectual property and internet law, energy and utility law, and commercial litigation — especially in federal courts. At the Illinois Commerce Commission, he opposed several transmission and pipeline projects. Mr. Phillips has also created alternative routings (or defended against landowner created routing) for projects that have been adopted by the Commission. He has also opposed the grant of eminent domain power, and the exercise of that power in the Circuit Courts. Mr. Phillips assists landowners in easement negotiations with utilities, pipelines, and wind project developers.
Harvey Sheldon
HINSHAW & CULBERTSON LLPHarvey Sheldon is a partner with the law firm Hinshaw & Culbertson, LLP. Mr. Sheldon has been engaged in the private practice of law, concentrating in environmental law, for more than 40 years, primarily on behalf of business clients. He is a graduate of Harvard Law School and Amherst College. Mr. Sheldon is a partner at Hinshaw & Culbertson LLP, based in Chicago, where he concentrates on environmental law issues. He has been designated by peer vote as a “Leading Lawyer,” “Leading Attorney,” and “Super Lawyer,” and has held an “AV” ratingfrom Martindale-Hubbell over 30 years. He was the regional counsel for the United States EPA, Region 5, and the Chief ofthe Illinois Attorney General’s Environmental Bureau before that. He has taught environmental law at both Loyola University and John Marshall Law Schools. Respecting water law generally,Mr. Sheldon has advised clients on common law and statutory water rights, has litigated over water uses and discharges to water, and has negotiated statutory changes respecting water laws in Illinois and other states.