Michigan Easements, Water Rights and Land Laws
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Tuesday, October 25, 2022
9:00 am – 4:00 pm EDT (including a 30-min. break)
Michelle McLean, Steve M. Kelley, Breanne Patton, Nickolas M. Guttman, and Alex R. Reuter
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
Identifying critical distinctions between easements in gross, easements appurtenant and prescriptive easements
Knowing when and how to terminate easements
Obstructing use of easements and determining remedies for obstruction
Understanding Michigan Surface Water and Groundwater Rights
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
Understanding Utility Easements and Rights of Way
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
Current issues involving utility easements
Defining Trespass and Adverse Possession
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
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
Each webinar session earns continuing education credit and can be registered for individually. 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.
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6.0 CE Hours
6.0 CE Hours
Non-Credit Continuing Education
Title Insurance Agents/Adjusters:
Non-Credit Continuing Education
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.0 continuing education hours for professional engineers licensed in Michigan. The Michigan Board of Professional Engineers does not pre-approved continuing education activities.
This webinar is designed to qualify for 6.0 continuing education hours for professional land surveyors licensed in Michigan. The Michigan Board of Professional Surveyors does not pre-approved continuing education activities.
This webinar offers relevant non-credit continuing education to attorneys and title insurance agents/adjusters in the state of Michigan.
Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).
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.
Bolhouse Bolhouse, Baar & Hofstee, PC, Grandville
Ms. McLean joined Bolhouse, Baar & Hofstee in 2011 and became a partner in 2015. Prior to practicing law, she worked for a national mortgage lender and has over 15 years experience in this capacity. By combining her vast experience in the mortgage lending and real estate industries with the practice of law, Ms. McLean offers her clients a unique perspective as their advocate. She currently focuses her practice in the areas of real estate, family law, criminal defense, and civil litigation. She received her law degree from Michigan State University College of Law.
Breanne Patton is currently a senior Associate at Zausmer, P.C., where she is a member of the firm’s commercial and eminent domain practices. She handles eminent domain, land use and municipal issues; complex business disputes; contract drafting and negotiating; technical manufacturing and automotive supplier matters; commercial and residential leasing; and other business matters. She is also a Certified Information Privacy Professional (CIPP/US). Ms. Patton began her career at a large Midwestern law firm, handling construction, employment, and various types of insurance litigation matters. Her experience also extends into the consulting world, where she managed a team of attorneys and advised banking and financial clients regarding securities contracts and regulatory compliance. Ms. Patton 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 Notre Dame Law School. In her free time, Ms. Patton enjoys baking, plays guitar, and collects vintage and custom fountain pens.
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.