Agenda

Webinar instructions will be emailed before the date of the webinar.

Wednesday, December 2, 2020
11:00 am – 2:30 pm CST
Thursday, December 3, 2020
11:00 am – 2:30 pm CST

Boundaries and Easements

Presented by Wendy Lathrop, PLS, CFM

Day One Wednesday, December 2, 2020 | 11:00 am – 2:30 pm CST (including a 15-min. break)

Locating Land Boundaries on Paper (And on the Ground)
What a deed tells us about real property interests and their locations – or doesn’t
Common kinds of land descriptions
• Metes and bounds
• Reference to a subdivision
• Reference to a tax parcel
• “Strip” descriptions
• 3-D descriptions (condominiums, split estates)
• Blanket easements
Reading a description to find evidence of location
The work involved in writing a description
Tying the paper deed to the ground:
What is evidence of a boundary?
Why paper and ground may not match
When the paper and the ground don’t match: The hierarchy of evidence in descriptions
Summary: elements of a good description

Physical Evidence and Boundaries
The difference between a corner and a monument
Retracement surveys versus new or independent surveys
Discrepancies between the written record and what is on the ground
• Types of discrepancies
• Causes of discrepancies
The hierarchy of evidence revisited

Day Two Thursday, December 3, 2020 | 11:00 am – 2:30 pm CST (including a 15-min. break)

Easements: Understanding Possessive Rights in Lands of Others
Distinctions between ownership and possession
Easements distinguished from other possessory rights
Types of easements and distinctions between them: appurtenant,
in gross, affirmative, negative and others
Methods of easement creation
Clues in documents to determine if interests are fee or easement
The effect of the Statute of Frauds on possessory rights
Methods of easement termination
What happens after termination?

Disputes: Boundaries, Shared Spaces, and Split Estates
Distinctions between trespass, adverse possession, and prescriptive rights
Maintaining adverse claims
• Statute of limitations
• Elements of a claim
“Lost grant” claims
Quiet title actions
Acquiescence, laches, estoppel, and equity
Less litigious approaches to settling land interest disputes
• Practical location and boundary line agreements
• Boundary line commissions

Webinar Instructions

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