Boundary Issues and Easement Law in Virginia
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Virginia CLE |
|
6 Total | 10-31-2026 |
Buy This Course
OnDemand Video
Course Book Download
or
Overview
Confidently Advise Clients on Boundary and Easement Matters
How confident are you in your abilities to represent a client who comes to you seeking legal advice or actions regarding a boundary dispute? Are you able to work through common easement issues from creation to termination? Boundary predicaments are the bread and butter of real property practices but are also some of the most complicated cases requiring extensive due diligence. This informative online seminar will review the fundamentals of easements from an expert attorney's view so you can remain up to date. Learn how to evaluate and resolve boundary related disputes using remedies and strategies that will provide your clients with the best outcome. Register today!
- Understand the differences in easement types and know how to decide which is most advantageous for your client.
- Effectively draft legally sound easements that will hold up for years to come.
- Identify options for terminating or releasing easements quickly and painlessly.
- Advance your knowledge of complicated boundary issues involving water rights and air rights.
- Know the first steps to take when a boundary dispute develops.
- Utilize in court the most common forms of boundary evidence that proves property ownership and boundary lines.
- Master the boundary dispute litigation process including discovery and using pertinent experts.
- Review how to remain ethical during quiet title actions.
Abbreviated Agenda
- Defining Easement Types
- Creating and Enforcing Easements
- Terminating or Releasing Easement Options
- Evaluating Boundary Evidence
- Resolving Boundary Disputes
- Litigating Boundary Disputes
- Special Boundary Considerations
- Ethics in Boundary Law
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Virginia CLE |
|
6 Total | 10-31-2026 |
Select Jurisdiction
CLE
Agenda
-
Defining Easement Types
- Grant or Reservation
- Implication
- Necessity or Quasi-Easements
- Prescriptive Easements
- Easement Created by a Mortgage
- Easement by Estoppel
- Which Easement is Best for Your Client?
-
Creating and Enforcing Easements
- Defining the Parties Involved
- Choosing an Easement in Gross or Appurtenant Easement
- Drafting the Property Description
- Ensuring all Parties Agree to the Purpose
- Scope of the Easement and Overburdening Issues
-
Terminating or Releasing Easement Options
- Express Release
- Abandonment
- Change in Use by Dominant Tenant
- Merger
-
Evaluating Boundary Evidence
- Improper Description Examples
- Natural and Artificial Boundary Markers
- Surveys
- Maps
- Personal Testimonials and Statements
- Historical Records
-
Resolving Boundary Disputes
- Rights of Possession
- Boundary Agreements
- Affidavits
- Junior and Senior Rights
- Quiet Title Action: Declaratory Judgment Actions and Permanent Injunctions
- Using Land Surveys to Resolve Disputes
- The Role of Title Companies
-
Litigating Boundary Disputes
- Pleadings: Causes of Action
- Trial Preparation and Discovery
- Taking the Case to Trial
- Evidentiary Rules and Procedures
- The Role of the Surveyor in Court
- The Role of the Title Expert
- Sample Documents, Pleadings, and Motions
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Special Boundary Considerations
- Air Rights
- Surface Water Rights
- Subsurface Rights
- Mining and Drilling Issues
- Groundwater as a Public Trust
- Solar Easements
- Telecommunications
- Wind Turbines
-
Ethics in Boundary Law
- Acting in Good Faith
- Following the Limitations Imposed by Statute and Common Law
- Ethics in Quiet Title Actions
- Calculating Fair Attorney Fees
Who Should Attend
This basic-to-intermediate level online seminar is designed for attorneys. Other professionals who may benefit from this legal overview include: surveyors, engineers, architects, developers, planners, local government officials, and real estate and title insurance professionals.
Speakers
Speaker bio
Meredith L. Yoder
is a shareholder with the Richmond law firm of Parker, Pollard, Wilton & Peaden, P.C. His practice focuses on business litigation, real estate litigation, trust and estate litigation, and general corporate law. Mr. Yoder represents insured lenders, insured owners, and a number of title insurance companies in title defect and title insurance coverage litigation cases throughout the Commonwealth of Virginia. He is a member of the Virginia State Bar, Virginia Bar Association, Henrico Bar Association and the Richmond Bar Association. Mr. Yoder earned his B.A. degree, magna cum laude, at Messiah College and his J.D. degree at Marshall-Wythe School of Law at the College of William and Mary.
Speaker bio
Samuel J. Kaufman
is a partner with Owen & Owens PLC. He represents businesses and individuals in commercial litigation and real estate matters. Mr. Kaufman's commercial clients are in diverse industries, such as construction, transportation, automotive, title insurance and banking. His personal representations include contract and business disputes, as well as transactional business matters. Mr. Kaufman assists individuals and businesses with the sale or purchase of commercial and residential real estate, contract and business disputes, transactional business matters such as mergers/acquisitions and private equity transactions, commercial and residential real estate matters, and leasing. He earned his B.A. degree from the University of Richmond, Jepson School and his J.D. degree from Albany Law School of Union University. Mr. Kaufman is a fellow in the Litigation Counsel of America, an honorary society composed of less than one-half of one percent of American lawyers.
Speaker bio
Minturn Wright
is a founding partner with Shannon & Wright LLP in Alexandria, Virginia, where he primarily represents clients in real estate transactions and litigation matters. His three-plus decades of experience as a lawyer have been almost equally divided between real estate transfers and other transactions, and litigation (principally real estate, tax appeals and tax sales, civil rights, and insurance defense). Mr. Wright has had experience dealing with environmental issues, business entities (corporations, limited liability companies, and the like), and patent/trademark issues, particularly licensing. He earned his B.S. degree from Yale University; and his J.D., M.S. and Ph.D. degrees from the University of Southern California. Mr. Wright is admitted to practice in Virginia, the District of Columbia, and California.
Speaker bio
William D. Ashwell
is an attorney with Ashwell & Ashwell, PLLC. He practices in the areas of civil litigation, land use and zoning, appellate advocacy, business and commercial law, and trust and estate planning. Mr. Ashwell is admitted to practice in Virginia and before the U.S. District Court for the Eastern and Western districts of Virginia, U.S. Court of Appeals for the Fourth Circuit, U.S. Bankruptcy Court for the Eastern District of Virginia, and the U.S. Supreme Court. He is a member of the The Virginia State Bar Association and Fauquier Bar Association, and serves on the Virginia State Bar Seventh District Disciplinary Committee. Mr. Ashwell earned his B.A. degree from Hampden-Sydney College and his J.D. degree from the University of Dayton School of Law.
Speaker bio
M. Clare Schuller
is a senior counsel at Dunlap Bennett & Ludwig PLLC. Her practice involves representing individuals and businesses in real estate transactions and litigation. Ms. Schuller advises banks on secured transactions and actively works in commercial and residential real estate purchase and lease transactions. She has overseen the closing of numerous large governmental projects, including the purchase of a historic beach project in Annapolis for conversion into a city park and the acquisition of land for a district court building in Harford County. Additionally, Ms. Schuller has extensive experience in the buying and selling of businesses. She earned her J.D. degree, cum laude, from the University of Maryland Carey School of Law in 2012. Ms. Schuller is admitted to practice in Maryland and the U.S. Tax Court. She is active in the community through her legislative advocacy on behalf of the Maryland Land Title Association, including successfully lobbying for the adoption of Remote Notarization laws in Maryland.
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