Curing Title Defects in Real Estate Transactions: Easements, Encroachments, Surveys, and Boundary Disputes

Effective defect detection starts with understanding what these matters look like on the ground from lack of access and ambiguous easements to encroachments, setback violations, conflicting surveys, and survey-disclosed “apparent” easements that never made it into the commitment. Attendees will learn how to read a survey the way deal counsel should, not just a title officer: confirming that legal descriptions match, verifying that encumbrances and easements on the commitment are properly depicted, and mining the survey for risks not captured in the commitment, including utility crossings, access gaps, parking sufficiency, and structures encroaching across boundary, setback, or easement lines.

The CLE covers commercial survey fundamentals, including why ALTA/NSPS surveys are the standard for surfacing non-record matters, and walks through a checklist-based review approach to catch improvements and encroachments before documents are finalized. A hands-on practice drill puts these skills to work with a 10-minute triage of a mock survey, guiding attendees through defect classification and the initial determination of cure paths versus coverage paths. It closes with early escalation awareness identifying red flags at the survey and commitment stage that signal a matter may not be curable, including conflicting occupation, adverse use, and irreconcilable survey conflicts that may require a litigation or quiet title posture if not resolved promptly.

10pmWhen a title defect survives pre-closing review, counsel must move quickly and strategically, and this provides the roadmap. The session opens with lender-side dynamics, addressing the demands lenders will place on borrowers and guarantors when defects surface and the obligations that flow from those relationships. Attendees will examine liability exposure for potential slander of title, a frequently overlooked risk that can compound an already difficult situation if not managed carefully from the outset.

Then, it addresses the critical role of tolling agreements in preserving the applicable statute of limitations, followed by a practical discussion of when to file suit to protect limitations periods while staying the action pending curative resolution. Participants will also learn the criteria for retaining the right experts including bad faith and appraisal specialists and how the selection of experienced litigation counsel can shape outcomes from the earliest stages of a dispute. The program concludes with strategies for dealing with parties in possession of the subject property and navigating the interests of third parties who may have competing claims, ensuring attendees are equipped to manage the full landscape of stakeholders in a contested title matter.