Easements and Access Issues: An Attorney's Guide

Types, Creation, Disputes and Termination

Easement and access issues are common problems for property owners. These nonpossessory rights are often misunderstood, which frequently results in confusion or even legal disputes. Understanding the ins and outs of these critical components of real estate law is essential to avoiding or resolving contentious issues between neighboring landowners. This program will explore the different types of easements before digging into the real-world mechanics of easement drafting, interpretation, implementation and termination. Get the knowledge you need to protect your client's real property interests and rights - register today!

• Learn how to investigate the location and size of an easement.
• Draft solid easement agreements to prevent time and money-consuming disputes later down the line.
• Put disagreements to rest by elucidating access and use rights.
• Discover how to terminate easements in order to clear title, allow for construction or end disputes.

Agenda

10:00 - 11:30 AM Eastern, Theodora Stringham

1. Easements - Characteristics, Benefits and Legal Know-Hows
   1. Scope of an Easement - Key Terms and Definitions
   2. Differences Between Easements and Other Property Interests
   3. Determining the Location and Size of Easements
   4. Exploring Common Types of Easements
2. Drafting Concrete Easements
   1. Methods of Easement Formation
   2. Restrictions Placed on Property by Easements
   3. Rights, Responsibilities and Duties of Landowners
   4. Maintenance, Repair and Updates to the Property

11:45 AM - 1:15 PM Eastern, Nathan G. Osborn

3. Obtaining Easements for Access
   1. Types of Access Issues
      1. Continued Access
      2. Right-of-Way - Public vs. Private
      3. Gross Easements vs. Appurtenant Easements
      4. Implied Easement by Necessity
   2. Challenges of Establishing Implied Easements
   3. Sample Checklist for Access and Utility Easements
4. Disputes, Enforcement and Termination
   1. Locating Unrecorded and Prescriptive Easements
   2. Easement Maintenance Disputes
   3. Disputes Over Easement Rights, Uses and Interference
   4. Handling Disputes Over Easements and Access Issues
   5. Terminating or Enforcing Easements