Agenda

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Please log into the webinar 15 – 30 minutes before start time.

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8:00 – 8:30 am EDT
Morning Session
8:30 – 11:30 am EDT
Break
11:30 am – 12:30 pm EDT
Afternoon Session
12:30 – 4:30 pm EDT

 

Resolving Boundary Disputes                     W. 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                     W. 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

Understanding Riparian Rights and Access to Surface Water                     B. Peeples
Defining the five riparian rights
Determining the riparian area
Determining ownership of the bottomland
Considerations when buying waterfront property
Joint Permit Application process

Identifying, Classifying and Locating Private Easements                     T. Fox
What is and is not an easement
Reviewing Virginia 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 Groundwater Rights                     M. 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.

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Credits

Virginia Attorneys
CLE Credit Applied for/Pending

Virginia Insurance Producers
6.0 Title Insurance Hours

Engineers and Land Surveyors
6.5 PDHs

 

Continuing Education Credit Information
This webinar is open to the public. HalfMoon Education has applied for Virginia CLE credits for attorneys, which is pending.

The Virginia Insurance Continuing Education Board has approved this event for 6.0 title insurance continuing education hours.

This seminar offers 6.5 PDHs to Virginia professional engineers and land surveyors. Educators and courses are not subject to preapproval in Virginia.

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).

Speakers

William D. Ashwell

Attorney with Ashwell & Ashwell, PLLC in Warrenton, VA

Mr. 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.

Michael E. Derdeyn

Attorney with Flora Pettit Attorneys at Law in Charlottesville, VA

Mr. 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.

Terry L. Fox Esq.

Terry L. Fox, Esq. Partner in the Real Estate Practice Group of Fox & Moghul in Fairfax, VA
Mr. Fox has over 30 years’ experience in real estate transactions, both commercial and residential. He has represented developers, real estate brokers, title companies, homeowner associations and homeowners, both in litigation and negotiations. Mr. Fox has also represented commercial landlords as well as tenants, and homeowners on a full range of complex real estate matters, including commercial property acquisition, disposition, development and leasing, complex lien and title disputes, land use and zoning, mortgage fraud, residential and commercial purchase and sale contract disputes, construction/contractor (Classes A, B and C) disputes, easement/boundary line and adverse possession issues, partition and allotment actions, and plat modifications. Mr. Fox earned his B.S. degree from Newport University, his J.D. degree from Franklin Pierce Law Center, and his Master of Intellectual Property Law degree from University of New Hampshire Franklin Pierce Law Center.

Bryan Peeples

Attorney at Pender & Coward Attorneys and Counsellors at Law in Virginia Beach, VA

Bryan 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. 

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