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Factors in Drafting Effective Easements

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 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.

Runtime: 90 minutes
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Why Lorman?

Over 31 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.

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 31 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 Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on July 31, 2018.

Call 1-866-352-9540 for further credit information.

  • AICP 1.5 including Law 1.5
     
  • This course has been approved by the American Planning Association for 1.5 hours of CM credit for AICP members. Additionally, this course has been approved for 1.5 hours of Law Credit.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE 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.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 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

Alaina King Benford

Norton Rose Fulbright LLP

  • Energy and Infrastructure Partner in the Houston office of Norton Rose Fulbright US LLP
  • Has represented international energy companies, governmental and land owners in more than 100 eminent domain and condemnation matters in all phases of condemnation including trial and appeal
  • Has advocated for clients at more than 35 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, transportation projects such as light rail, utilities, drainage systems and levees
  • Frequent speaker on eminent domain and 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, State Bar of Texas
  • Can be contacted at (713) 651-3666 or [email protected]
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Why Lorman?

Over 31 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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Product ID: 404357
Published 2018
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