New Hampshire Land and Water Law: Ownership and Access
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.
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**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.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
The automated email letting you know when your On-Demand package is available will contain links to the video recording, materials, and program quiz.
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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.
USB MP4/PDF
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**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.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
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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 24-48 business hours before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Tuesday, January 27, 2026
8:30 am – 4:00 pm EST
Agenda:
Understanding Groundwater Rights
Presented by Justin C. Richardson, Esq.
- Ownership of groundwater
- Regulation of groundwater rights
- Obtaining groundwater rights
- Well drilling rights: application and permitting process
- Current issues in groundwater rights
Identifying, Classifying and Locating Private Easements
Presented by Brett Allard, Esq.
- What is and is not an easement
- Reviewing New Hampshire 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
Avoiding, Identifying and Resolving Ethical Issues in Land and Water Transactions
Presented by Eric O. Pempus, FAIA, Esq., NCARB
- Private property rights vs. public rights
- Community/local control of land and water resources
- Environmental preservation of land and water
Understanding Littoral Rights in NH and Disputes Regarding Correlative Rights of Shorefront Owners
Presented by Rebecca S. Walkley
- History and development of littoral rights
- Rights of littoral owners vs. rights of the public
- Claims to enforce littoral rights
- Determining ownership rights as extended out into the water
- Limitations on rights to surface waters
Defining Trespass and Adverse Possession
Presented by Matthew J. Delude
- Defining trespass
- Reviewing the history of adverse possession in
- Maintaining a claim for adverse possession
- Statute of limitations
- Elements of a claim
- Defending against a claim for adverse possession
- Examining recent eminent domain cases
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.
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Windows 10 or higher, macOS 11 or higher, Linux, Google Chrome OS
Web Browser:
Google Chrome (most recent 3 versions)
Microsoft Edge (most recent 3 versions)
Internet connection: 1 Mbps or better
Hardware: 2GB of RAM (minimum), 4GB or more of RAM (recommended)
For more information, visit the Support section at www.gotowebinar.com
Credits
Engineers
6.0 PDHs
Land Surveyors
1.5 CEUs (6.0 Contact Hours)
Attorneys
6.0 CLE Hours (Including 1.0 Ethics Hour) - New Hampshire Attorneys
Continuing Education Information
This webinar is open to the public and is designed to qualify for 6.0 PDHs for professional engineers and 2.5 CEUs (based on a rate of 1 CEU per 4 hours of instruction) land surveyors in New Hampshire. Continuing education courses are not subject to pre-approval requirements with the New Hampshire Board of Professional Engineers and or the New Hampshire Board of Land Surveyors; the boards hold final authority with respect to acceptance of credit.
This webinar is designed to offer up to 6.0 CLE credits, including 1.0 ethics credit, for attorneys in New Hampshire. NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. HalfMoon Education believes this course meets the requirements of NH Supreme Court Rule 53 and may qualify for 360 minutes towards the annual requirement.
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).
*On-Demand Credits*
The preceding credit information only applies to the live presentation. This course in an on-demand format is not pre-approved by any licensing boards and may not qualify for the same credits; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.
Speakers
Brett Allard, Esq.
Shaughnessy Allard, PLLCMr. Allard focuses his practice on real estate and land use law. He advises clients in all aspects of land planning, zoning, and real estate development matters, helping them navigate through the maze of local, state, and federal permitting. He is well-versed in handling all types of development projects, from basic lot line adjustments to large complex residential subdivisions, commercial projects, mixed-use planned unit developments, and roadway issues. Mr. Allard previously worked with the New Hampshire Department of Environmental Services Wetlands Bureau, and has extensive experience representing clients in both residential and commercial lakefront and shoreland development projects. He frequently represents clients before local zoning boards, planning boards, and other municipal bodies in connection with real estate development matters. Mr. Allard also assists clients in real estate litigation cases, landlord tenant matters, and residential and commercial transactions, including acquisitions, dispositions, leasing, and financing. Mr. Allard graduated from the University of New Hampshire School of Law as a member of its highly acclaimed Daniel Webster Scholar Honors Program.
Matthew J. Delude
Bernstein, Shur, Sawyer & Nelson, P.A.Mr. Delude draws on his diverse legal background to solve even the most challenging client dilemmas. Although Mr. Delude is experienced in all civil litigation and appellate matters, including appellate work before the United States Supreme Court, his passion and preferred area of practice is unquestionably real estate and title litigation. In the course of that practice, Mr. Delude has litigated a variety of easement, title, adverse possession, and trespass disputes to a judgment on the merits and if necessary further victory on appeal.
Eric O. Pempus, FAIA, Esq., NCARB
DesignPro Insurance Group - A Wichert Insurance AgencyMr. Pempus has been a risk manager for more than 18 years, with experience in architecture, engineering, land use, law and professional liability insurance, and a unique and well-rounded background in the construction industry. Prior to risk management, he has 25 years of experience in the practice of architecture and engineering, and as an adjunct professor teaching professional practice courses at the undergraduate and graduate levels for the last 37 years. As a Fellow of the American Institute of Architects and AIA National Ethics Council 2021 chair, he has demonstrated his impact on architectural profession. He is a licensed architect, attorney and property and casualty insurance agent.
Justin C. Richardson, Esq.
New Hampshire Water LawMr. Richardson represents individuals, businesses, municipalities, and public utilities in the areas of utility, municipal, environmental, and real estate law in New Hampshire. He has over 23 years of experience handling matters before state courts and agencies, including the New Hampshire Department of Environmental Services, the Water and Wetlands Councils, the New Hampshire Public Utilities Commission, and the New Hampshire Energy Facility Site Evaluation Committee.
Rebecca S. Walkley
McLane MiddletonMs. Walkley is an attorney in the Administrative Law Department where she advises clients in State, federal and municipal, environmental and energy regulatory and litigation cases. Ms. Walkley has been counsel in several large energy facility projects before the New Hampshire Site Evaluation Committee including a nine-turbine wind farm and several utility-scale electric transmission projects. Ms. Walkley handles permitting and enforcement cases before the Department of Environmental Services and the USEPA involving the Clean Water Act, Clean Air Act, the New Hampshire Shoreland Protection Act and wetlands regulations as well as site remediation and monitoring under Superfund and analogous State waste regulatory programs. In addition to her focus on environmental matters, Ms. Walkley has also assisted clients before other State administrative agencies and board including the New Hampshire Commission for Human Rights, New Hampshire Department of Insurance, and the New Hampshire Retirement System. Ms. Walkley received her J.D. from Quinnipiac University School of Law, magna cum laude (2014) and her B.A. in Environmental Policy and English from the College of William and Mary, summa cum laude (2011).
6 Knowledge Points
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