Boundary Issues and Easement Law in Montana
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Montana CLE |
|
6 Total | 03-23-2029 |
| Montana CLE Credit for Paralegals |
|
6 Total | 03-23-2028 |
Buy This Course
OnDemand Video
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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.
- 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
- Defining Easement Types
- Creating and Enforcing Easements
- Terminating or Releasing Easement Options
- Evaluating Boundary Evidence
- Conservation Easements
- Resolving Boundary Disputes
- Using Experts in Boundary Disputes and Litigation
- Ethics in Boundary Law
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Montana CLE |
|
6 Total | 03-23-2029 |
| Montana CLE Credit for Paralegals |
|
6 Total | 03-23-2028 |
Select Jurisdiction
CLE
Paralegal
Agenda
-
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?
-
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
-
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
- Title Abstract and/or "Platting Certificate"
- Historical Records
- MT & National Resources
-
Conservation Easements
- Overview of Conservation Easements
- Due Diligence
- Appraisals
- Monitoring
- Enforcement
- Checklists and Forms
-
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
-
Using Experts in Boundary Disputes and Litigation
- The Role of the Expert Witness in Court
- The Role of the Title Expert
-
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
Imants F. Holmquist
is an attorney with the law firm of Holmquist + Gardiner, PLLC, where he practices in the areas of commercial transactions and general business law. Mr. Holmquist regularly represents clients in real estate matters ranging from development, to commercial and residential purchase and sale agreements. He earned his B.S. degree in International Studies from the University of Washington and his J.D. degree from Seattle University School of Law. Mr. Holmquist is a member of the Washington State Bar Association.
Speaker bio
Bruce C. Jenkins
is a founding member and managing partner of Jenkins Bagley Sperry, PLLC. His practice areas include homeowner association/community association, real property, civil litigation, business, collections, and municipal. Mr. Jenkins earned his B.S. degree from Brigham Young University, and his J.D. degree from Brigham Young University, J. Reuben Clark Law School. He is a member of the Southern Utah Bar Association, Utah Federal Bar, Utah Legislative Action Committee of CAI, Community Association Institute (National), and the Community Association Institute (Utah). Mr. Jenkins is admitted to practice in the U.S. District Court for the District of Utah, U.S. Federal Courts and Utah.
Speaker bio
Jose F. Vera
is a member of the five-person law firm of Vera & Associates PLLC, where his practice focuses on general commercial litigation, real estate litigation, bankruptcy litigation, community association law and related litigation and commercial leasing. He has lectured on contract disputes for the Washington State Paralegal Association; commercial evictions and bankruptcy for the Building Owners and Managers Association; and previously has lectured for National Business Institute. Mr. Vera is a member of the Washington State Bar Association. He earned his B.A. and J.D. degrees from the University of Washington.
Speaker bio
Gregory L. Ursich
is an attorney with Inslee Best, Doezie & Ryder, PS. He focuses his practice on real estate and construction matters. Mr. Ursich handles boundary line disputes, road access issues, easement problems, defects in title and curative actions, owner and contractor disputes, lender issues, construction lien foreclosures, eminent domain matters, and quiet title actions. He has vast experience working with appraisers, surveyors, and engineers as expert witnesses and consultants in various real estate matters and construction litigation. Mr. Ursich's litigation practice includes real estate, title insurance claims for various title insurers and their insureds, business litigation and construction disputes. He also works with clients on property acquisition and purchase and sale negotiations, estate planning, and the formation of condominiums. Mr. Ursich drafts covenants and easements for a variety of clients. He has also handled administrative land-use issues including variances, plats issues, boundary adjustments and road access issues. Mr. Ursich regularly teaches seminars to real estate escrow closers, attorneys, and larger clients on real estate title and escrow issues. He earned his B.A. degree from the University of Puget Sound and his J.D. degree from the University of California Hastings College of Law.
Speaker bio
Kathleen R. Urbom
is a sole practitioner with Urbom Law Offices Chartered in Topeka, where she has a civil practice including estate planning and probate, guardian and conservatorships, trust formation, including special needs trusts, and special education law. Ms. Urbom has spoken previously on special education law, landlord tenant law, and end of life planning; including business succession, wills and trusts, and guardian conservatorships. She has spoken several times on the subject of the working knowledge of taxes as it impacts consideration of formation of various estate documents. Ms. Urbom is a member of the Kansas and Topeka bar associations, Women's Attorneys Association of Topeka, and Jenny Mitchell Kellogg Circle. She earned her B.S. degree from St. Mary of the Plains College and her J.D. degree from Washburn University of Topeka.
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