Real Estate

4.33

Easements: Everything You Need to Know

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 49 minutes
Erin Nave
Colleen Lovejoy
Stephen Bresset
Jason Holleman
J. Gregory Ashwell
With Erin C. Nave from Holland & Hart LLP + 4 others
Recorded February 28, 2024
Product ID 98057

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Overview

Find, Value, Create, Terminate, and More

Get answers to all your clients' easement legal issues! This essential guide will give you the insight you need to evaluate easements in property transactions, create easements to fix access issues, terminate unwanted encumbrances, and resolve easement disputes. Bolster your real estate legal knowledge and get practical solutions to issues that are bound to cross your desk - register today!

  • Understand the different types of easements and how they impact property rights.
  • Learn how to find out if and where easements exist, even if they are unrecorded or have changed.
  • Discover how easements impact property value and learn how to negotiate a fair price.
  • Find out how to create easements by deed, agreement, and other means.
  • Review the various ways in which property owners or easement holders can extinguish an easement.
  • Hear real-world solutions to easement interference, maintenance squabbles, and other common disputes.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Kimberly Jackson.

Abbreviated Agenda

  1. Easement Rights and Types of Easements Explained
  2. How to Find Easements
  3. Easement Valuation and Negotiation Insights
  4. Creating an Easement
  5. Terminating an Easement
  6. Resolving Easement Disputes
  7. Legal Ethics

Related Topics

Product ID 98057

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Easement Rights and Types of Easements Explained

    1. Easements vs. Covenants, Licenses, Leases, and Profits
    2. Dominant vs. Servient Estate
    3. Easements in Gross vs. Easement Appurtenant
    4. Nonexclusive vs. Exclusive
    5. Affirmative vs. Negative
    6. Public vs. Private
    7. Easements by Necessity and Prescriptive Easements

  2. How to Find Easements

    1. Reviewing Deeds, Maps, Title Commitments, and Other Property and Title Records
    2. Detecting Unrecorded Easements
    3. "Floating" Easements
    4. Changes in Scope
    5. When an Express Easement References an Object That Has Been Lost
    6. Using Surveys to Establish the Location and Boundaries of an Easement

  3. Easement Valuation and Negotiation Insights

    1. Easement Appraisal
    2. Tips for Valuing and Negotiating Access, Utility, and Other Easements
    3. Tax Considerations
    4. Conservation Easements: Unique Valuation and Tax Issues

  4. Creating an Easement

    1. Creation by Deed
    2. Creation by Agreement
    3. Creation by Restrictive Covenant
    4. By Implication
    5. Easement by Necessity
    6. Prescriptive Use or Adverse Possession
    7. Eminent Domain

  5. Terminating an Easement

    1. Expiration
    2. Merger
    3. Release or Abandonment
    4. Nonuse
    5. Misuse
    6. Interference
    7. Impossibility of Purpose
    8. Destruction of Burdened Property
    9. Elimination of Necessity
    10. Adverse Possession
    11. Quiet Title Action
    12. Condemnation

  6. Resolving Easement Disputes

    1. Interference or Trespass
    2. Unreasonable Use
    3. Scope Disputes and Impermissible Expansion of Use
    4. Maintenance Disputes and Cost Sharing Disagreements
    5. Impairment of View Easements
    6. Damages

  7. Legal Ethics

    1. Competence and Diligence
    2. Conflicts of Interest
    3. Confidentiality
    4. Attorney's Fees

Who Should Attend

This focused program is designed for lawyers who wish to get a comprehensive, foundational understanding of easements. It may also benefit title insurance professionals, real estate professionals, surveyors, land development or planning professionals, and paralegals.

Speakers

Erin C Nave
Erin C.
Nave
Holland & Hart LLP
Colleen Lovejoy
Colleen
Lovejoy
Schlemlein Fick & Franklin PLLC
Stephen G Bresset
Stephen G.
Bresset
Bresset & Santora, LLC
Jason D Holleman
Jason D.
Holleman
Holleman Law Group
J. Gregory Ashwell
J. Gregory
Ashwell
Ashwell & Ashwell, PLLC
Speaker bio
Erin C Nave

Erin C. Nave

Holland & Hart LLP
Erin Nave

is of counsel with Holland & Hart, LLP in the firm's Denver office. Ms. Nave guides clients through complex real estate transactions and privacy and risk management issues unique to the real estate industry. She represents owners, developers, and investors through the entire lifecycle of commercial real estate transactions, from acquisition and financing to leasing and disposition. As a former in-house attorney in the title industry, Ms. Nave provides clients with a strategic perspective on challenging title and closing issues. She leverages her experience in bankruptcy and insolvency to assist clients acquiring or disposing of distressed real estate assets. She also advises clients on data privacy and risk management issues, and when needed, assists with resolution of related disputes. Ms. Nave earned her B.A. degree from Indiana University and her J.D. degree, cum laude, from Washington University School of Law.

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Speaker bio
Colleen Lovejoy

Colleen Lovejoy

Schlemlein Fick & Franklin PLLC
Colleen Lovejoy

is a partner with Schlemlein Fick & Franklin, PLLC. She practices in the areas of administrative hearings, construction litigation, contracts, easement disputes, general civil and commercial litigation, insurance litigation, personal injury and wrongful death, premises liability, product liability litigation, residential landlord tenant disputes, securities litigation, and arbitration. Ms. Lovejoy earned her B.A. degree from University of Washington and her J.D. degree from Seattle University School of Law.

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Speaker bio
Stephen G Bresset

Stephen G. Bresset

Bresset & Santora, LLC
Stephen Bresset

is a partner with Bresset & Santora, LLC, where he has practiced commercial and bankruptcy law and litigation throughout Pennsylvania and the region for more than 30 years. During his time in practice, Mr. Bresset has represented debtors in more than 50 Chapter 11 proceedings in Pennsylvania; as well as creditors, creditor committees, and trustees at virtually every level of bankruptcy proceedings; and debtors in more than 1,000 Chapter 7 proceedings. He is admitted to the state courts of Pennsylvania, the three U.S. District courts in Pennsylvania, as well as the three bankruptcy courts, and the Third Circuit Court of Appeals. Mr. Bresset has always been an active member of his community and the bar associations of which he is a member. He has served as an office holder in the Wayne County Bar Association, as well as a committee chair in both associations and the Pennsylvania Bar Association. Mr. Bresset has been a featured speaker at numerous seminars throughout Pennsylvania in litigation, commercial law, and bankruptcy law topics. He earned his B.A. degree from Temple University and his J.D. degree, with honors, from Widener University School of Law.

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Speaker bio
Jason D Holleman

Jason D. Holleman

Holleman Law Group
Jason Holleman

is principal at Holleman Law Group, where he focuses primarily on land use and zoning, state and local government regulation and licensing, property disputes, condemnation, and civil litigation. Mr. Holleman is a current member of the Tennessee Municipal Attorneys Association. He earned his Bachelor of Arts degree, cum laude, from Samford University in Birmingham, Alabama. Mr. Holleman subsequently earned his Juris Doctor degree from Tulane University School of Law in New Orleans, Louisiana.

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Speaker bio
J. Gregory Ashwell

J. Gregory Ashwell

Ashwell & Ashwell, PLLC
J. Gregory Ashwell

is a founding attorney at the law firm of Ashwell & Ashwell, PLLC in Warrenton, Virginia. He practices in the areas of Litigation consultation, federal litigation, mediation, estate planning & probate, business & commercial law, bankruptcy, wills and estates, municipal law and personal injury. He earned his B.A. degree from Old Dominion University, his Master's in Education from the University of Virginia and his J.D. degree from George Mason University School of Law. Mr. Ashwell is admitted to practice in Virginia, US District Court Eastern District of Virginia, US Court of Appeals 4th Circuit, US Bankruptcy Court Eastern District of Virginia and the Supreme Court of the United States of America.

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