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
Locating Land Boundaries on Paper (And on the Ground)
J. McIntosh, Jr.
How to find and describe boundaries
The art of writing deed descriptions
Types of acreage perimeter boundary descriptions
• Metes and bounds (running and bounding)
• Bounds (limits of the property)
Lot and block surveys within a subdivision
Subdivision affidavit
Definition of land surveys in New York State
Fundamentals of a survey
Evaluation of a survey plat or map
Various types of surveying
Understanding Utility Easements and Rights of Way
P. Kelly
Current law on utility rights of way: Federal and state laws and regulations
• Types of utilities affected
• Electric, water, natural gas, telecommunications
Basis for and definition of the easement
Encroachments and interferences
Maintenance
Current issues involving utility easements
Identifying, Classifying and Locating Easements
What is and is not an easement
Reviewing state law on easements
Creating easements: easements by necessity, easements by use, written easements
Maintaining easements
Knowing when and how to terminate easements
Obstructing use of easements and determining remedies for obstruction
Specialty Easements You May Encounter in a Title Search
Conservation easements
Reciprocal commercial easements
Light and air easements
Private vs. public drainage easements
Resolving Boundary Disputes
J. Tyrpak
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
Understanding Riparian and Water Rights
C. Tyrpak
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
Defining Trespass and Adverse Possession
N. Pawlowski
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
Credits
Attorneys
8.0 New York CLE Hours
Land Surveyors & Engineers
6.5 CE 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 bythe New York State Education Department/State Board for Engineeringand Land Surveying (NYSED Sponsor No. 35). This event provides up to 6.5 continuing education hours to New York land surveyors and 6.5 continuing education 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 assistanceto New York attorneys who wish to attend this event. Contact Doug Chapman at doug@halfmoonseminars.org for details.
Speakers
Patrick Kelly
Colucci & Gallaher, P.C.Patrick M. Kelly is special counsel with Colucci & Gallaher, P.C. in Buffalo. Mr. Kelly has over 35 years of experience in real estate transactions and title matters. In addition to handling residential transactions, he represents builders, developers and investors in a wide variety of commercial transactions. Mr. Kelly acts as examining counsel for a major title insurance company, as well as closing counsel to residential and commercial lending institutions. He is a former village attorney for Williamsville and deputy town attorney for Amherst. In those roles he handled a wide variety of real estate related issues ranging from creating a village master plan, to representing planning and zoning boards as well as negotiation and preparation of rights of ways, easements and licenses for various municipal projects.
John McIntosh
McIntosh & McIntosh, P.C.John E. McIntosh, Jr., is president of McIntosh & McIntosh, P.C. in Lockport and has been active in civil engineering, surveying, mapping and photogrammetry fields for the past 60 years. He is licensed as a land surveyor in 15 states and received the acknowledgment of certified photogrammetrist (A.S.P.). Mr. McIntosh has been a presenter at various technical and professional seminars, meetings and conferences on subjects such as tax mapping control and land surveying. Mr. McIntosh formerly was a consultant to the Office of Professional Discipline, New York State Education Department, reviewing and reporting on incidents of alleged misconduct by land surveyors reported to the Department. Mr. McIntosh is past president of both the Niagara Frontier Land Surveyors Association and the New York Association of Professional Land Surveyors, Inc.
Neil Pawlowski
Founding Partner of Duggan & Pawlowski LLP in Buffalo, NYMr. Pawlowski is an experienced real estate attorney who represents clients in both residential and commercial real estate transactions. His day-to-day practice includes helping clients with residential and commercial purchases and sales, title examinations, foreclosures, mortgage lending, leasing and landlord/tenant law. Mr. Pawlowski frequently makes presentations to real estate agents, mortgage brokers, sellers and home buyers on a variety of topics related to real estate law, including contract drafting, foreclosures, mortgage financing, short sales, avoiding liability, REO Transactions, and home purchases. Due to handling hundreds of sales, purchases and financing transactions each year, he has been selected to the Super Lawyers Rising Star List, Real Estate Law, 2015 – 2021, an honor bestowed upon only 2.5 percent of attorneys in Upstate New York each year. Mr. Pawlowski is also an experienced litigation attorney and has represented clients in several real estate lawsuits, such as actions for partition, actions to quiet title, and specific performance actions.
Christopher Tyrpak
Christopher J. Tyrpak is a solo practitioner who operates a practice in Cheektowaga. Mr. Tyrpak focuses his practice on residential real estate, consumer bankruptcy and tax law. He works with clients on matters related to real estate purchases and sales and title matters. Mr. Tyrpak regularly speaks to local realtor groups and businesses on topics relating to buying and selling a home in New York State. He earned his J.D. degree in 2011 from the University of Buffalo Law School, magna cum laude and his B.A. degree, summa cum laude, in 2008 from Canisius College. He is admitted to the bars of the State of New York, and the Federal District Court and Bankruptcy Courts for the Western District of New York.
Jeffrey Tyrpak
HoganWilligJeffrey J. Tyrpak is an attorney at HoganWillig in Amherst. He focuses on real estate matters, including residential and commercial transaction and real estate litigation matters. Mr. Tyrpak, an Amherst native, attended Fordham University and obtained his B.A. degree in International Political Economy in 2010. In 2013, he earned his J.D. degree at the University at Buffalo Law School with a concentration in Finance Transactions. Mr. Tyrpak started practicing law at a small firm in New York City before returning home and joining the HoganWillig team in December of 2016. While working in New York City, Mr. Tyrpak handled litigation in federal court regarding collective bargaining agreements and ERISA for employee benefit funds, as well as compliance matters under the Affordable Care Act. He also has experience handling trust and estate matters.