Real Estate

WA Specific

Legal Descriptions, Title Insurance, and Surveys in Washington Real Estate Transactions

Credits Available
Credit Status Total
Washington CLE Approved 6 Total
OnDemand
5 hours 55 minutes
Mark Kimball
Dean Williams
Jack Luellen
Lawrence Glosser
With Mark D. Kimball from MDK Law + 3 others
Recorded November 10, 2022
Product ID 95455

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Overview

Identify and Fix Discrepancies That Arise During Real Estate Transactions

Inaccurate descriptions, inconsistent and conflicting surveys, convoluted plat map designations, confusing historical record issues, and unrecorded easements can pop up at any time during real estate transactions. Are you prepared? In this online seminar, you'll gain real-world insight from veteran attorneys who have worked in the field, have hands-on experience, and know what challenges you'll face. Filled with examples and sample documents, faculty will teach you how to review, analyze and interpret surveys, maps, records, and descriptions in plain English. Gain the technical skills you need to catch errors and handle them before they spiral out of control - register today!

  • Dig into state and ALTA/NSPS land title survey standards and compliance.
  • Discover exactly what you need to be looking for in maps and survey reports.
  • Gain insight on how to reconstruct events from a century ago.
  • Walk through title insurance commitment exclusions, exceptions, and endorsements.
  • Spot and resolve legal descriptions that don't close.
  • Confidently cross-read the survey and title commitment.
  • Learn how to prove/disprove non-recorded easements.

Abbreviated Agenda

  1. Surveying Skills for the Real Estate Attorney
  2. The Art and Science of Reconstructing Events from a Century Ago
  3. Title Insurance Dissection - Real-World Examples
  4. Legal Descriptions That Don't Close
  5. Cross-Reading Title Reports and Surveys; Title Objections
  6. Handling Complex Boundary, Easement, and Encroachment Issues
  7. Legal Ethics

Related Topics

Product ID 95455

Credit Details

Credits Available
Credit Status Total
Washington CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Surveying Skills for the Real Estate Attorney

    1. State Surveying Standards
    2. ALTA/NSPS Survey Standards and Compliance
    3. Types of Surveys and How to Read Them
    4. Preparation of the Boundary Survey
    5. Survey Review, Issues, and the Impact on Title
    6. Inaccurate/Incomplete and Conflicting Surveys and Surveyor Reports
    7. Meander Lines and Related Boundaries
    8. Compensating/Adjusting Missing Markers and References That Don't Match
    9. Changed Physical Feature Issues
    10. Zoning Restrictions
    11. Environmental Issues on Surveys

  2. The Art and Science of Reconstructing Events from a Century Ago

    1. Obtaining Historical Maps, Records, and Documents
    2. Working With Vague, Ancient Documents
      1. Land Patents
      2. Survey Plats and Field Notes
      3. Land Status Records (Master Title Plats, Use Plats, Historical Indices, and Supplemental Plats)
      4. Complex and Confusing Historical Land Records (With Examples)

  3. Title Insurance Dissection - Real-World Examples

    1. Title Standards
    2. Marketable Title vs. Insurable Title
    3. The Title Insurance Commitment and Policy
    4. Insurance Coverage Expectations
    5. Title Insurance Exclusions and Exceptions
    6. Title Endorsements
    7. Recognizing and Curing Title Defects
    8. Effect of Warranty Deed

  4. Legal Descriptions That Don't Close

    1. Types and Review - Metes and Bounds
    2. Bad Descriptions; Missing Calls; Typos that Get Passed from Deed to Deed; Typographical Errors; Vague and Inaccurate Documents
    3. Resolving Conflicting Legal Descriptions
    4. Discrepancies Between Legal Description in Mortgage and as Assessed by the Municipality
    5. The Inappropriate Use of Tax Parcels as Legal Descriptions
    6. Legal Descriptions in Foreclosure Proceedings and Defects as They Affect Bankruptcy
    7. Scrivener's Affidavit or Corrective Deed?

  5. Cross-Reading Title Reports and Surveys; Title Objections

    1. Survey Coverage, and the Relationship Between Title Insurance and Survey Coverage
    2. Cross-Reading Surveys, Legal Descriptions, and Title Commitments
    3. Title Objections: When They Should and Shouldn't be Made
    4. Title and Survey Objection Letters (With Sample)

  6. Handling Complex Boundary, Easement, and Encroachment Issues

    1. Encroachment and Adverse Possession Issues
    2. What to do When Buildings and Fences are not Right
    3. How to Prove/Disprove Non-Recorded Easements
    4. Implied, Prescriptive, and Easements by Estoppel
    5. Terminating Existing Easements
    6. Boundary Line Adjustments and Agreements

  7. Legal Ethics

    1. Conflicts of Interest
    2. Disclosure of Defects in Property
    3. Liability in Title Examinations
    4. Attorneys' Fees

Who Should Attend

This basic-to-intermediate level online seminar will benefit:

  • Attorneys
  • Real Estate Professionals
  • Surveyors
  • Zoning, Land Use, and Planning Professionals
  • Title Agents and Underwriters
  • Property Appraisers and Assessors
  • Bankers and Loan Officers
  • Paralegals

Speakers

Mark D Kimball
Mark D.
Kimball
MDK Law
Dean Williams
Dean
Williams
Johns Monroe Mitsunaga Koloušková, PLLC
Jack R Luellen
Jack R.
Luellen
Buchalter
Lawrence S Glosser
Lawrence S.
Glosser
Ahlers Cressman & Sleight PLLC
Speaker bio
Mark D Kimball

Mark D. Kimball

MDK Law
Mark Kimball

is the founding shareholder of MDK Law, a firm emphasizing corporate, commercial, and property law and consulting in matters involving federal and international taxation. Mr. Kimball is admitted to practice in Washington, New York and Texas. He is an adjunct professor of law at Eotvos Lorand and Masaryk universities in Europe, and has served as a law school guest lecturer at Seattle University School of Law. Mr. Kimball is also engaged as an expert witness in superior court cases involving limited liability companies, and governance and other member issues. He earned his J.D. degree and LL.M. (taxation) degree from the University of Washington School of Law and also holds an LL.M. degree in transnational commercial practice from Europe.

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Speaker bio
Dean Williams

Dean Williams

Johns Monroe Mitsunaga Koloušková, PLLC
Dean Williams

is an attorney at Johns Monroe Mitsunaga Koloušková, PLLC. His practice focuses on negotiating with local jurisdictions for development approvals and representing builders in administrative and judicial appeals. He is also an active litigator with experience handling claims for adverse possession and prescriptive easement, water trespass, private and public condemnation, landslide damages, and various other issues arising from the ownership of real property. He earned his B.A degree from Western Washington University and his J.D cum laude Seattle University School of Law.

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Speaker bio
Jack R Luellen

Jack R. Luellen

Buchalter
Jack Luellen

is a principal of Dickie, McCamey & Chilcote, PC, and the location chair of the Denver office, where his practice is primarily dedicated to oil and gas law, with a particular emphasis on litigation. Mr. Luellen earned his B.S. degree, with distinction, from Colorado State University and his J.D. degree, cum laude, from the University of Minnesota Law School. Mr. Luellen is admitted to practice in California, Colorado, Utah and North Dakota. He is a member of the Rocky Mountain Mineral Law Foundation and Energy Mineral Law Foundation.

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Speaker bio
Lawrence S Glosser

Lawrence S. Glosser

Ahlers Cressman & Sleight PLLC
Lawrence Glosser

is a partner with Ahlers Cressman & Sleight PLLC. Mr. Glosser is thoroughly familiar with all aspects of real estate transactions and financing. He brings his past entrepreneurial experience to the practice of law, enabling him to understand both the legal and business issues presented in each transaction. Mr. Glosser assists clients with understanding and evaluating legal issues associated with real estate and business transactions, enabling clients to analyze risk, and make informed business decisions. He graduated, cum laude, from Seattle University School of Law. Mr. Glosser is admitted to practice in Washington and before the U.S. District Court, Western District of Washington.

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