Michigan Boundaries and Easements
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity.
It’s your responsibility to determine whether this on-demand course meets your continuing education requirements.
You must take and pass a quiz to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz.
Once the quiz is completed, you will be asked to download your certificate.
**Any on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Streamable MP4/PDF
You will receive an automated email letting you know when your On-Demand package is available approximately 3 business days after the date of the live event or the date of your order, whichever is later. This email will contain links to the video recording, materials, and program quiz.
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For AIA requirements only, the on-demand recording will have occasional question prompts that will not allow the video to progress unless they are answered, and you will not be able to skip forward while watching the video.
Please note, if you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
You will have unlimited access to the on-demand video recording, and it will never expire.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
USB MP4/PDF
HalfMoon will mail these materials via USPS.
USB orders ship approximately 3 business days after the program takes place or after the order is placed, whichever date is later. Please allow an additional 7-10 business days for shipping.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
**Any USB on-demand programs that qualify for LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Log into Webinar
8:00 – 8:30 am EST
Morning Session
8:30 – 11:45 am EST
Break
11:45 am – 12:45 pm EST
Afternoon Session
12:45 – 5:00 pm EST
Locating Land Boundaries on Paper (And on the Ground) Gary Kent
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
Understanding Michigan Surface Water and Groundwater Rights Steve Kelley
Practical and legal foundations for surface water and groundwater rights
Riparian, other access, and public rights on the Great Lakes and inland waters
Determining upland and bottomland boundaries and the scope of riparian and other access rights
Private property rights and the public trust doctrine
Determining rights to groundwater
Groundwater use, withdrawals, and discharges of and to groundwater
Defining Trespass and Adverse Possession Nickolas Guttman
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
Resolving Boundary Disputes Alex Reuter
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 Utility Easements and Rights of Way Breanne Patton
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
Webinar Instructions
All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.
GoToWebinar App requirements:
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)
Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled
Internet connection: Minimum of 1Mbps Hardware: 2GB RAM or more
For more information, visit the Support section at www.gotowebinar.com
Credits
Attorneys
Michigan: Non-Mandatory CLE
Indiana: 7.0 Distance Education
CLE Hours (General)
Ohio: 7.0 General CLE Hours
Professional Engineers
7.0 CE Hours
Land Surveyors
7.0 PDHs
Continuing Education Credit Information
This webinar is open to the public and offers a non-credit continuing education opportunity to Michigan attorneys.
HalfMoon Education is an Indiana-approved CLE provider for attorneys. This course has been approved for 7.0 Distance Education General CLE hours.
The Supreme Court of Ohio Commission on Continuing Legal Education has approved this live, interactive webinar for 7.0 General CLE Hours.
This webinar offers Michigan professional engineers and professional surveyors 7.0 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 with this webinar, in most cases. Refer to specific state rules to determine eligibility.
Completion certificates will be awarded to participants who complete this event, respond to prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Speakers
Nickolas M. Guttman
Nickolas Guttman’s practice focuses on business and real estate transactions. He has represented various clients in real property matters, including complex mergers and acquisitions, energy siting and land use issues, as well as the negotiation of purchase agreements, leases, development agreements, and other commercial agreements. He also contributed to the American Arbitration Association’s Handbook on Arbitration Practice. Mr. Guttman earned his undergraduate degrees from Michigan State University’s James Madison College and Broad College of Business before attending Wayne State University Law School.
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.
Gary R. Kent, PS
Meridian Land Consulting, LLCMr. Kent is in his 39th year with Schneider Geomatics in Indianapolis – having transitioned to part-time status in 2020. He also provides training, consulting and expert witness services as manager and owner of Meridian Land Consulting, LLC. Mr. Kent has served as chair of the Joint ALTA/NSPS Committee responsible for the ALTA/NSPS Land Title Survey standards since 1995. He has also served on the Indiana State Board of Registration for Professional Surveyors since 2004 and is a past president of both ACSM and the Indiana Society of Professional Land Surveyors. Mr. Kent has presented programs on boundary law, easements and rights of way, surveying standards and practice, and leadership in all 50 states.
Breanne M. Patton
Senior Attorney at Zausmer, P.C., Farmington Hills, MIMs. Patton is a member of the firm’s Real Estate, Energy Infrastructure, Business, and Eminent Domain practices. She counsels commercial and energy clients through complex contracts and business disputes; and on development matters including zoning, planning and land use; and real estate and permitting due diligence in mergers and acquisitions. Ms. Patton also assists energy, utility, communications, and state and municipal clients in acquiring rights through eminent domain for infrastructure projects throughout Michigan. When projects or companies are at stake, her attention to detail and ability to understand her clients’ highly technical needs and diverse experts help her craft solutions and win where it counts: the finish line. Ms. Patton began her career at a large Midwestern law firm, handling construction, employment, and other litigation matters before a foray into the consulting world, where she managed a team of attorneys while providing advice to banking institutions regarding securities and regulatory compliance. She earned her bachelor of arts degree in Economics & Management and Philosophy, magna cum laude, from Albion College and was a merit scholarship recipient prior to receiving her law degree from the University of Notre Dame Law School. Ms. Patton is also a Certified Information Privacy Professional (CIPP/US). In her free time, she enjoys traveling, art, music, collecting vintage and custom fountain pens and writing instruments, and spending time with her two Samoyeds, Iggy and Bowie. Recent adventures took her to the Royal Opera in London, exploring in Montreal, and the Black Pen Society’s annual meeting at the Washington D.C. Pen Show.
Alex R. Reuter
Alex R. Reuter Senior Counsel – Myers & Myers, PLLC
Alex R. Reuter has been litigating real estate, land use, and zoning cases across the state of Michigan for his entire career. He has successfully represented individuals and developers appearing before federal courts, state tribunals, municipalities, and agency boards. Mr. Reuter specializes in representing property owners in all facets of real estate matters, from constitutional and other federal claims to boundary disputes and enforcing easements and associated water rights (riparian rights). Mr. Reuter has helped countless landowners protect their rights under Michigan law and is an expert in both litigation and pre-suit resolution of property disputes. He has been selected as a “Rising Star” by Super Lawyers magazine from 2019-2020 in the area of litigation. In his spare time, he enjoys boating on Lake Michigan with his family.