New York Boundaries and Easements for Design Professionals
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Day One: Wednesday, December 1, 2021
9:00 am – 12:15 pm EST (including a 15-min. break)
Day Two: Thursday, December 2, 2021
9:00 am – 12:15 pm EST (including a 15-min. break)
Wendy Lathrop, PLS, CFM
Day One: Wednesday, December 1, 2021 | 9:00 am – 12:15 pm EST
(including a 15-min. break)
Locating Land Boundaries on Paper (And on the Ground)
What a deed tells us about real property interests and their locations – or doesn’t
Common kinds of land descriptions
• Metes and bounds
• Reference to a subdivision
• Reference to a tax parcel
• “Strip” descriptions
• 3-D descriptions (condominiums, split estates)
• Blanket easements
Reading a description to find evidence of location
The work involved in writing a description
Tying the paper deed to the ground: What is evidence of a boundary?
Why paper and ground may not match
When the paper and the ground don’t match: the hierarchy of evidence in descriptions
Summary: Elements of a good description
Physical Evidence of Boundaries
The difference between a corner and a monument
Retracement surveys versus new or independent surveys
Discrepancies between the written record and what is on the ground
• Types of discrepancies
• Causes of discrepancies
The hierarchy of evidence revisited
Day Two: Thursday, December 2, 2021 | 9:00 am – 12:15 pm EST
(including a 15-min. break)
Easements: Understanding Possessive Rights in Lands of Others
Distinctions between ownership and possession
Easements distinguished from other possessory rights
Types of easements and distinctions between them:
appurtenant, in gross, affirmative, negative, and others
Methods of easement creation
Clues in documents to determine if interests are fee or easement
The effect of the Statute of Frauds on possessory rights
Methods of easement termination
What happens after termination?
Disputes: Boundaries, Shared Spaces, and Split Estates
Distinctions between trespass, adverse possession and prescriptive rights
Maintaining adverse claims
• Statute of limitations
• Elements of a claim
“Lost grant” claims
Quiet title actions
Acquiescence, laches, estoppel and equity
Less litigious approaches to settling land interest disputes
• Practical location and boundary line agreements
• Boundary line commissions
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Engineers and Land Surveyors
Architects (AIA credits only available for attending live Webinar)
6.0 Non-HSW CE Hours
6.0 AIA LU | Elective
Landscape Architects (LA CES credits only available for attending live Webinar)
6.0 Non-HSW CE Hours
LA CES 6.0 Non-HSW PDHs
Continuing Education Credit Information
This course is open to the public and offers 6.0 PDHs to professional engineers and land surveyors, and 6.0 non-HSW continuing education hours to architects and landscape architects licensed in New York. Refer to Board rules to determine specific course eligibility.
The American Institute of Architects Continuing Education System has approved this course for 6.0 LU| Elective (Sponsor No. J885). Only full participation is reportable to the AIA/CES.
The Landscape Architect Continuing Education System has approved this course for 6.0 non-HSW PDHs. Only full participation is reportable to LA CES.
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).
Wendy Lathrop PLS CFM
President and Owner of Cadastral Consulting, LLC
Ms. Lathrop is licensed as a professional land surveyor in New Jersey, Pennsylvania, Delaware, and Maryland, and as a professional planner in New Jersey. She holds a master’s degree in Environmental Policy, and has been involved in surveying since 1974 in projects ranging from construction to boundary to environmental land use disputes. Ms. Lathrop is also a certified floodplain manager through the Association of State Flood Plain Managers (ASFPM). A former adjunct instructor at Mercer County College in New Jersey, she has also taught as part of the team for the licensing exam review course at Drexel University in Pennsylvania. Ms. Lathrop has been teaching seminars for surveyors since 1986 and has been writing articles for surveyors since 1983. She is a contributing editor for The American Surveyor magazine, and she has four articles included in the American Bar Association’s text, Land Surveys: A Guide for Lawyers and Other Professionals. She and Stephen V. Estopinal, PLS, PE co–authored a book entitled Professional Surveyors and Real Property Descriptions: Composition, Construction, and Comprehension, published by John Wiley & Sons, Inc. in 2011. She is also on the faculty of GeoLearn, a web-based educational provider. Ms. Lathrop is a past president of the New Jersey Society of Professional Land Surveyors and of the National Society of Professional Surveyors, and has served on the Board of Directors for the American Association for Geodetic Surveying.
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Course Title: New York Boundaries and Easements for Design Professionals
Delivery Method: Live Online
Course Description: This course examines how to locate land boundaries on paper and on the ground, navigate the hierarchy of evidence when evaluating physical boundary evidence, distinguish various types of easements from each other as well as other possessory rights, and settle land interest disputes through claims, quiet title actions, and less litigious approaches.
Learning Objective 1:
Learners will be able to apply principles of boundary locations and interpret land descriptions locate land boundaries on paper and on the ground.
Learning Objective 2:
Learners will be able to identify and differentiate between various types of physical boundary evidence, and discuss the the hierarchy of evidence.
Learning Objective 3:
Learners will be able to explain what qualifies are an easement, differentiate types of easements, and be able to explain how to create, maintain, and terminate easements.
Learning Objective 4:
Learners will be able discuss with clients how disputes over boundaries, shared spaces, split estates and other issues are commonly settled.
LUs: 6.0 LU Type: LU|HSWs.
Prerequisites: Familiarity with land development and easements
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 09/20/2024
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