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.

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Internet Explorer v11 (or later) with Flash enabled

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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, 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 M. Patton

Senior Attorney at Zausmer, P.C., Farmington Hills, MI

Ms. 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.

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