Understand the principles applicable to drafting and preparing effective easements.
Easements memorialize the relationship of the parties who will use the underlying property and the easement and serve as a guide for the scope and terms of the use of the easement. Easements contemplate use of the property over many years but changes in property ownership and changes in use cannot always be anticipated and can result in post-execution disputes. Litigation and disputes involving easements are often related to ambiguous easement or omitted terms and can halt or delay a construction project for which the easement is needed but can be avoided with clarity in the easement terms and full contemplation of how the property will be used in all stages. This topic will help for the preparation, negotiation, and execution of easements and to better understand the principles applicable to drafting and preparing effective easements. You will be guided through the relationship and rights of the owner of the underlying property versus the rights of the easement owner, the nature of the interest contemplated by the easement, as well as important legal formalities for finalizing the easement.
Learning Objectives
- You will be able to recognize rights of the property owner/easement holder.
- You will be able to discuss voluntary vs. condemned easement.
- You will be able to explain nature of interest.
- You will be able to identify legal formalities.
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Agenda
Parties
- Rights of Property Owner/ Easement Holder
- Title Verification
- Voluntary vs. Condemned Easement
Nature of the Interest
- Exclusive/Nonexclusive
- Duration
- Scope of Grant
- Termination/Abandonment
Location
- Legal Description
- Access
Legal Formalities
- Indemnity
- Assignability
- Dispute Resolution
- Execution
- Recordation
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on September 24, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Alaina King Benford
Jordan, Lynch & Cancienne PLLC
- Energy and Infrastructure Partner in the litigation boutique Jordan, Lynch & Cancienne PLLC
- Has represented international energy companies, government, and landowners in more than 100 eminent domain and condemnation matters in all phases of condemnation including trial and appeal
- Has advocated for clients in 50+ three-panel special commissioners evidentiary hearings
- Part of a small group of lawyers in Texas who specialize in representing condemning entities involved in acquiring easements, property, and rights-of-way for large projects involving pipelines, water pipelines, and transportation projects such as light rail, utilities, drainage systems, and levees
- Frequent speaker on eminent domain, condemnation law, the right to take, and easement construction and negotiation
- Member of the International Right of Way Association, American Bar Association, Litigation Counsel of America, and State Bar of Texas
- Can be contacted at 832-687-0220 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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