Determining Land Ownership and Access Rights
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 – 4:40 pm
Determining Land Boundaries
Obtaining and interpreting land descriptions
• Understanding different types of legal descriptions
Understanding 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)
• Resolving boundary disputes
Exploring the 2011 ALTA/ACSM Land Title Survey
Development of the 2011 ALTA Land Title Survey
Surveying standards and standards of care
Records research
Field work
Plat or map
New Table A
Locating and Understanding Easements and Rights of Way
Understanding the legal nature of easements
• Common law of easements
• Easements in gross, easements appurtenant, prescriptive easements
Understanding private easements
• Written easements, easements by necessity, easements by use
• Creation, duration and location of easement
Understanding highway rights-of-way
Understanding Riparian and Water Rights
History and development of riparian rights
Determining land boundaries near the water line
Determining access rights to surface waters
Determining rights to groundwater
Overview of regulations restricting access to and use of surface water and groundwater
Boundary Disputes
Types of boundary disputes
• Adverse possession, easements, boundaries
Obtaining and reviewing boundary evidence
Methods for establishing disputed boundaries
Evaluating dispute resolution techniques
• Litigation, arbitration, mediation, agreements, title insurance
Credits
Attorneys
8.0 New York CLE Hours
Land Surveyors & Engineers
6.5 Contact Hours
Continuing Education Credit Information
This seminar is open to the public. HalfMoon Education is certified by the New York State CLE Board as an Accredited Provider of CLE programs*. This traditional format course offers 8.0 Areas of Professional Practice CLE hours, which are appropriate for new and experienced attorneys.
HalfMoon Education is approved as a continuing education provider by the New York State Education Department/State Board for Engineering and Land Surveying (NYSED Sponsor No: 35). This event provides up to 6.5 contact hours (PDHs) to New York land surveyors and 6.5 contact hours to engineers to whom the subject matter is professionally relevant.
Attendance will be monitored, and attendance certificates will be available at the seminar for those who attend the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
*HalfMoon Education will provide financial hardship assistance to New York attorneys who wish to attend this event. Contact Doug Chapman at doug@halfmoonseminars.org for details.
Speakers
Matthew Noviello
Principal in Noviello & Noviello, Esqs. and Principal in Matthew A. Noviello, P.E., L.S. in Carmel, NY
Mr. Noviello is an attorney-at-law, a professional engineer, and land surveyor who enjoys teaching. He has taught real property law, survey law and, more recently, alpine skiing. Mr. Noviello received his Master of Engineering degree, his Bachelor of Science degree in Industrial Engineering, with honors, and his AAS degree in Engineering, all from Rochester Institute of Technology. He received his juris doctor degree from Rutgers University School of Law-Newark. Mr. Noviello has maintained a professional engineering firm and a general practice law firm since 1984, and he has practiced land surveying since 1991, with ten years in industry and six years in government. He is a licensed professional engineer in the states of New York, Connecticut, New Jersey, and Pennsylvania. Mr. Noviello is a New York and Connecticut licensed land surveyor. He holds law licenses in New York State Courts, US Supreme Court, Federal Court for the Southern District of New York, and Federal Court for the State of New Jersey.
