A Step-by-Step Guide to Understanding Easements

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Detailed Overview/Outline

Benefits of Attending
Confidently Prevent or Resolve Easement Problems

Easements are created in order to allow non-owners reasonable access through someone's property. Many times they work just fine, but other times the owners feel their property is infringed upon – and that can lead to disputes. Since the “boundaries” governing easements are often hazy, they need to be handled carefully. Your knowledge and advice need to be solid in order to make sure everyone's rights are being protected.

At this groundbreaking seminar, our seasoned faculty will equip you with the skills you need to handle every step of the easement process. Give good advice by having a firm foundation in the principles of easements. Draft the perfect easement for the situation, so the landowner's rights are clearly laid out. Correctly terminate existing easements so there are no disputes down the line. Follow appropriate procedures when it comes to enforcement of an easement. Put together an action plan for properly resolving easement disputes. Don't miss your chance to hone your skills in this specialized area.

• Provide landowners with key information regarding their rights, responsibilities and duties in regards to easements.
• Prepare owners for the impact an easement might have on their property value.
• Ensure the easements you draft are in accordance with the statute of frauds.
• Follow the correct procedures for terminating easements for nonuse or misuse.
• Knowledgeably answer questions about landowner remedies for interference of an easement.
• Confidently represent your side in a settlement situation and achieve a favorable outcome.

Agenda
FOUNDATIONAL PRINCIPLES OF EASEMENTS

9:00 - 10:30

• What is an Easement?
• Scope of an Easement
• Differences Between Easements and Other Property Interests
• Determining the Location and Size of Easements
• Methods of Easement Formation
• Exploring Common Types of Easements
• Rights, Responsibilities and Duties of Landowners
• Who is Responsible for Maintenance, Repair and Updates to the Property?
• Restrictions Placed on Property by Easements
• Property Value Impact of Easements
• Nature, Character and Mode of Acquiring an Easement

CREATING AND DRAFTING EASEMENTS WITH SUCCESS

10:45 - 12:00

• Key Elements of a Valid and Effective Easement
• The Importance of Clear, Concise Descriptions of Easements and Estates
• Is Specific or General Language the Best Option?
• Drafting Easements in Line With the Statute of Frauds
• Consideration in Easement Formation

TERMINATION OF EXISTING EASEMENTS

1:00 - 2:30

• How an Easement Can be Terminated
• Who Can Terminate an Easement
• Termination of Necessity
• Termination by Abandonment or Non-Use
• Terminating an Easement for Misuse
• Destruction of Servient Tenement
• Other Means of Termination

ENFORCEMENT OF EASEMENTS

2:45 - 3:45

• Common Methods of Easement Enforcement
• Contractual Remedies for Enforcement
• Quiet Title
• Declaratory Judgments to Enforce an Easement
• Remedies for Interference of an Easement
• Obtaining Monetary Damages

EFFECTIVELY RESOLVING EASEMENT DISPUTES

3:45 - 4:30

• Assessing Damages
• Establishing the Burden of Proof
• Options for Settlement: ADR vs. Litigation

Sponsor Background:
About NBI

National Business Institute

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