Proving Adverse Possession Rights & Easement Rights in Real Property


CLE Credits earned: 2 GEN

This course will provide attorneys with baseline knowledge of what adverse possession is and how it works. This course will clarify adverse possession concepts and elements, timing requirements, and concepts such as tacking. The course will also survey the key elements of valid easements and easement rights in real property.

Key topics to be discussed:

•   Acquiring and Establishing Adverse Possession Rights
•   Adverse Possession Disputes
•   Proving Easement Rights

Date / Time: October 17, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Select your state to see if this class is approved for CLE credit.

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Original Broadcast Date: October 17, 2018

Alaina Benford, Esq. is a partner with Norton Rose Fulbright US LLP. She has nearly two decades of extensive experience handling disputes involving real property, title, land use, premises liability, infrastructure, easements and the entire eminent domain and condemnation process from negotiating the acquisition of easements and rights-of-way, to the administrative hearing stage, through jury trial and appeal. She has advocated for and advised clients that are common carriers, utilities, telecommunications, international and national energy companies and governmental and quasi-governmental entities in disputes arising from large infrastructure projects and land use litigation and disputes involving easements and real property rights in proceedings related to utilities, light rail, water pipelines, oil and gas pipelines and natural gas storage facilities. Alaina regularly collaborates with project engineers, appraisers, land planners, environmental consultants, right of way agents and other professionals in land use disputes involving residential, commercial, industrial, vacant and improved property and property rights.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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Applied MCLE Approvals
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Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Adverse Possession: Acquiring and Establishing Rights
a) Time Requirements for Adverse Possession
        i. Period of Time – Private vs. Public Entity
        ii. Tacking – How it Works
        iii. Extending the Statute of Limitations
b) Establishing Possession
        i. Who can Make a Claim
        ii. Open and Notorious
        iii. Actual
        iv. Continuous Use
        v. Exclusive Use
        vi. Hostile, Adverse Use
c) Boundary Disputes
        i. Boundary Issues
        ii. Encroachments
        iii. Adverse Possession in Boundary Disputes

Section II. Adverse Possession Litigation
a) Burden of Proof
b) Claims and Responses
c) Damages
d) The Color of Title Theory
e) Licenses

Section III. Proving Easement Rights
a) Key Elements of Valid Easements
b) Easements Terms
c) Locating Easements and Determining the Scope
d) Proving Implied Easements/Easements by Necessity
e) Prescriptive Easements
f) Other Considerations