Virginia 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 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.
For most customers, the videos run like most streaming videos on the web. For videos that qualify for AIA credit there will be occasional question prompts that will not allow the video to progress unless they are answered and 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 2 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.
Friday, July 28, 2023
8:30 am – 4:30 pm EDT (including a 60-min. break)
Resolving Boundary Disputes
Presented by: William Ashwell
- 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
Understanding Utility Easements and Rights of Way
Presented by: William Ashwell
- 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
Presented by: Lauren Curtin
- Defining trespass
- The evolution of the trespass cause of action in Virginia
- Potential damages stemming from trespass
- Reviewing the history of adverse possession in Virginia
- Maintaining a claim for adverse possession
- Statute of limitations
- Elements of a claim
- Defending against a claim for adverse possession
Understanding Riparian Rights and Access to Surface Water
Presented by: Bryan Peeples
- History and development of riparian rights
- Determining land boundaries near the water line
- Determining access rights to surface waters
- Limitations on rights to surface waters
- Complying with water quality laws and regulations
Understanding Groundwater Rights
Presented by: Michael Derdeyn
- Ownership of groundwater
- Regulation of groundwater rights
- Obtaining groundwater rights
- Well drilling rights: application and permitting process
- Current issues in groundwater rights
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:
7.5 PDHs
Land Surveyors:
7.5 PDHs
Attorneys:
Pending
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 7.5 PDHs for professional engineers and land surveyors in Virginia, where one hour of CE is equal to fifty contact minutes. Courses and providers are not subject to pre-approval; course acceptance is determined by the Board.
This webinar has been submitted to the Virginia MCLE Board of the Virginia State Bar for CLE accreditation, which is currently pending.
Visit this course listing at www.halfmoonseminars.org for updates on pending credits. Completion certificates will be awarded to participants who complete this event and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
On-Demand Credits
The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate. CLE credit is not available for the on-demand format.
Speakers
William D. Ashwell
Attorney with Ashwell & Ashwell, PLLC in Warrenton, VAMr. Ashwell practices in the areas of criminal defense and civil litigation, land use and zoning, domestic relations, estate planning and real estate. He received his J.D. degree from the University of Dayton School of Law, Dayton, Ohio, and his B.A. degree from Hampden-Sydney College, Hampden-Sydney, Virginia. Mr. Ashwell was named a Virginia Super Lawyers Rising Star, 2017-2021. He has served as a frequent speaker at CLE classes and seminars related to land use, zoning, easements and ethics in boundary law.
Lauren Curtin
Attorney with Pool Brooke Plumlee, PC in Virginia Beach, VAMs. Curtin is an associate attorney whose practice focuses on civil litigation with an emphasis on land use, business litigation, estate litigation, and the Virginia Freedom of Information Act. Ms. Curtin earned her law degree from Washington & Lee University in 2020. While in law school, she served as President of the Federalist Society and Vice President of the Washington & Lee Veterans’ Advocates. During her third year, she served as a judicial extern for the Hon. Judge J. Fred Watson of the Virginia 24th Circuit. Ms. Curtin received a Bachelor of Business Administration from Roanoke College in 2015, where she graduated magna cum laude with honors. While at Roanoke, she was a four-year starting goalie for the women’s lacrosse team and the recipient of a full academic scholarship.
Michael E. Derdeyn
Attorney with Flora Pettit Attorneys at Law in Charlottesville, VAMr. Derdeyn’s practice focuses on the areas of commercial and real estate litigation, employment law, and general business law. He also serves as general counsel to a number of local businesses. His litigation experience includes litigating claims for individuals and businesses in state and federal courts in the areas of commercial litigation, real estate, construction, employment, and landlord-tenant law. He has litigated and resolved matters involving partnership and shareholder disputes, trade secret violations, fraud, business torts, defamation, tortious interference with contract, breach of contract, wrongful termination, discrimination, violations of the Uniform Commercial Code, violations of the Consumer Protection Act, real property disputes, and trust and estate matters, among others.
Bryan Peeples
Attorney at Pender & Coward Attorneys and Counsellors at Law in Virginia Beach, VABryan Peeples focuses his practice in the areas of maritime and riparian law, construction law, worker’s compensation, and national security. A prolific author, he has written articles on Virginia aquaculture and maritime law, including the Chesapeake Bay Preservation Act; the Virginia Primary Sand Dune and Beaches Act; and the Virginia Tidal Wetlands Act. Mr. Peeples has been published in a number of professional journals on a variety of topics, ranging from Virginia real property law to the Anti-Terrorism Act. He is a member of the firm’s waterfront law practice group, and writes blog articles regularly on the group’s website devoted to waterfront (riparian) property rights law, maritime and admiralty law, and environmental law. He has also taught CLE courses on the topic of riparian rights throughout the Commonwealth. Before joining the firm in 2018, Mr. Peeples retired from the U.S. Navy after 22 years of service as a pilot. He completed seven combat deployments and served as the Commanding Officer of a helicopter squadron. His last assignment was Lead Rotational Planner for the Joint Staff, where he provided strategic advice to the Chairman of the Joint Chiefs and the Secretary of Defense.