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Boundary Issues and Easement Law in Montana

Credits Available
Credit Status Total
Montana CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
Live Online + OnDemand
6 hours
Dan Stahly
Karen Alley
Abby Dresser
With Dan Stahly from Stahly Engineering & Associates, Inc. + 2 others

Mon, Mar 23, 00:00 AM – 00:00 PM

Product ID 101479

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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, air rights, and conservation easements.
  • 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.
  • Make the most out of using experts in the boundary disputes and litigation.
  • Review how to remain ethical during quiet title actions.

Abbreviated Agenda

  1. Defining Easement Types
  2. Creating and Enforcing Easements
  3. Terminating or Releasing Easement Options
  4. Evaluating Boundary Evidence
  5. Conservation Easements
  6. Resolving Boundary Disputes
  7. Using Experts in Boundary Disputes and Litigation
  8. Special Boundary Considerations
  9. Ethics in Boundary Law

Related Topics

Product ID 101479

Credit Details

Credits Available
Credit Status Total
Montana CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in

  1. Defining Easement Types

    • Grant or Reservation
    • Implication
    • Necessity or Quasi-Easements
    • Prescriptive Easements
    • Easement Created by a Mortgage: Mortgage Exemption Surveys From the Title Insurer & Lender Perspective
    • Apparent or on the Ground
    • Easement by Estoppel
    • Which Easement is Best for Your Client?

  2. Creating and Enforcing Easements

    • Defining the Parties Involved
    • Choosing an Easement in Gross or Appurtenant Easement
    • Drafting the Change to Legal Descriptions
    • State Uniform Standards (ARMs) and Federal SOP Examples
    • Ensuring all Parties Agree to the Purpose
    • Scope of the Easement and Overburdening Issues

  3. Terminating or Releasing Easement Options

    • Express Release
    • Abandonment
    • Change in Use by Dominant Tenant
    • Merger

  4. Evaluating Boundary Evidence

    • Improper Description Examples
    • Natural and Artificial Boundary Markers
    • Surveys
    • Maps
    • Personal Testimonials and Statements
    • Title Abstract and/or "Platting Certificate"
    • Historical Records
    • MT & National Resources

  5. Conservation Easements

    • Overview of Conservation Easements
    • Due Diligence
    • Appraisals
    • Monitoring
    • Enforcement
    • Checklists and Forms

  6. Resolving Boundary Disputes

    • Rights of Possession
    • 76-3-207(1)(a), MCA Requirements for Boundary Agreements
    • Using Land Surveys to Resolve Disputes
    • Affidavits
    • Junior and Senior Rights
    • Quiet Title Action: Declaratory Judgment Actions and Permanent Injunctions
    • The Role of Title Companies and the Advantages of Asking for Extended Insurance

  7. Using Experts in Boundary Disputes and Litigation

    • The Role of the Expert Witness in Court
    • The Role of the Title Expert

  8. Special Boundary Considerations

    • Air Rights
    • Surface Water Rights
    • Subsurface Rights
      • Mining and Drilling Issues
      • Groundwater as a Public Trust
    • Solar Easements
    • Telecommunications
    • Wind Turbines
    • Title Insurer/Owner Representative Role in Discovery
    • Value of Negotiating Removal of Exceptions

  9. 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

Dan Stahly
Dan
Stahly
Stahly Engineering & Associates, Inc.
Karen Alley
Karen
Alley
Montana Association of Counties
Abby Dresser
Abby
Dresser
Ducks Unlimited
Speaker bio
Dan Stahly

Dan Stahly

Stahly Engineering & Associates, Inc.
Dan Stahly

is a professional land surveyor who serves as a principal for Stahly Engineering & Associates, Inc. His experience includes more than 25 years in the civil engineering and land surveying profession and course instructor for "Montana Subdivision and Platting Act: Exemptions, Certificates of Surveys, review processes, and other miscellaneous topics."

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Speaker bio
Karen Alley

Karen Alley

Montana Association of Counties
Karen Alley

is associate general counsel at Montana Association of Counties, where she focuses on land use. She earned her Master of Divinity degree from the Boston University School of Theology and her J.D. degree from the University of Montana School of Law. Ms. Alley was an attorney for ten years before joining MACo, having engaged in general private practice, criminal defense, and as a prosecutor. She was the Hill County Attorney for more than three years. Ms. Alley is admitted to practice law in Montana.

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Speaker bio
Abby Dresser

Abby Dresser

Ducks Unlimited
Abby Dresser

is a biologist at Ducks Unlimited. She is chairing the board of a nonprofit organization that works across Montana to restore and protect the state's precious water resources. Ms. Dresser joined the Montana Aquatic Resources Services (MARS) Board of Directors in 2013. She works as a DU biologist in Montana in partnership with the USDA Natural Resource Conservation Service. Ms. Dresser has over ten years of experience as a wetland scientist and watershed restoration professional specializing in protection and restoration of wetlands and streams.

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Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

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