Michigan Easements, Water Rights and Land Laws
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity. It’s your responsibility to determine whether or not this on-demand course meets your continuing education requirements.
You must take and pass a quiz in order 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.
Videos that qualify for AIA, LACES, ASLA, or CLARB credit will require an extra week for processing.
Streamable MP4/PDF
Available approximately 1 week after the date of the live event or the date of your order, whichever is later.
To track your purchase you will need to create an account on the website using the email address used for your registration.
The video will have occasional question prompts that will not allow the video to progress unless they are answered. You will not be able to skip forward while watching the video.
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.
USB MP4/PDF
HalfMoon will mail these materials via USPS. Please allow 2 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.
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
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Tuesday, October 25, 2022
9:00 am – 4:00 pm EDT (including a 30-min. break)
Presented by
Michelle McLean, Steve M. Kelley, Breanne Patton, Nickolas M. Guttman, and Alex R. Reuter
Agenda
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
Maintaining 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
Maintenance
Environmental issues
Condemnation law
Current issues involving utility easements
Defining Trespass and Adverse Possession
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
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
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
Professional Engineers:
6.0 CE Hours
Land Surveyors:
6.0 CE Hours
Attorneys:
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).
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.
Michelle M. McLean
Bolhouse, Hofstee & McLean Attorneys at Law PC, GrandvilleMs. 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 M. Patton
Senior Associate at Zausmer, P.C.Ms. Patton is a member of the firm’s eminent domain, land use, and business law 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 and corporate 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 other 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. Breanne earned her Bachelor of Arts 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. In her free time, Breanne enjoys traveling, art, and music; collects vintage and custom fountain pens; and spends time with her two Samoyeds, Iggy and Bowie.
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.