Boundary Issues and Easement Law in Utah
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Utah CLE |
|
6 Total | 12-31-2027 |
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, 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.
- 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
- Conservation Easements
- Ethics in Boundary Law
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Utah CLE |
|
6 Total | 12-31-2027 |
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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Conservation Easements
- Overview of Conservation Easements
- Due Diligence
- Appraisals
- Monitoring
- Enforcement
- Checklists and Forms
-
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
Clayton H. Preece
is an attorney with Smith Hartvigsen, PLLC, where he represents individuals and businesses in a wide range of litigation matters, including business and construction disputes, products liability, natural resources, oil and gas, and covenants not to compete. Mr. Preece also has experience in settlement negotiations and mediation. He earned his B.A. degree from Utah Valley University and his J.D. degree from The George Washington University Law School. Mr. Preece is a member of the American Bar Association and Utah State Bar.
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
Joseph C. Rust
co-founded the law firm of Kesler & Rust, P.C. where he practiced law until his retirement in 2025. For almost 60 years he has worked in the areas of personal injury litigation; real property acquisitions and sales; landlord-tenant relations; construction law, including lien and bond claims; international law; and commercial litigation. Mr. Rust is a past chairman of the Committee on Civil Procedure of the International Bar Association. He was on the Utah District Export Council for over 35 years, including serving as president for six years; and served many years on the Utah State Bar's Governmental Affairs Committee and Utah State Bar's International Section. Mr. Rust earned his B.A. and J.D. degrees from the University of Utah.
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