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Boundaries and Easements

Presenter: Richard M. Apkarian Jr. and 5 more

Seminar Date:

Seminar Location: Livonia, MI

Livonia Marriott
17100 Laurel Park Drive North
Livonia, MI 48152
Phone: 734-462-3100

Seminar is closed for registration.

Agenda:

Registration:                        8:00 - 8:30 am

Morning Session:                8:30 - 11:15 am

Lunch (On your own):         11:15 am - 12:15 pm

Afternoon Session:             12:15 - 4:30 pm


Locating Land Boundaries on Paper (And on the Ground)
C. Beland

   Interpreting land descriptions
      • Metes and bounds
      • Lot and block
      • Dos and don’ts for writing descriptions
   Applying principles of boundary location
      • Collecting and evaluating all types of boundary evidence: documents, physical evidence, people, surveys
      • Locating the described land on a map
      • Locating the described land on the ground
   Solving land description and boundary location problems


Defining Trespass and Adverse Possession
R. Apkarian, Jr.

   Defining trespass
   Reviewing the history of adverse possession
   Maintaining a claim for adverse possession
      • Statute of limitations
      • Elements of a claim
   Defending against a claim for adverse possession
   Examining recent adverse possession cases


Identifying, Classifying and Locating Easements
D. Sullivan

   What is and is not an easement
   Reviewing state law on easements
   Creating easements: easements by necessity, easements by use, written easements
   Identifying critical distinctions between easements in gross, easements appurtenant and prescriptive easements
   Maintaining easements
   Knowing when and how to terminate easements
   Obstructing use of easements and determining remedies for obstruction


Understanding Michigan Surface Water and Groundwater Rights
S. Kelley

   Practical and legal foundations for surface water and groundwater rights
      Riparian, other access, and public rights on the Great Lakes and inland waters
   Determining upland and bottomland boundaries and the scope of riparian and other access rights
   Private property rights and the public trust doctrine
   Determining rights to groundwater
   Groundwater use, withdrawals, and discharges of and to groundwater


Understanding Utility Easements and Rights-of-Way
S. Estey, D. Fryer

   Current legal issues involving utility rights of way
      • State laws and regulations
   Types of utilities affected
      • Electric, natural gas, petroleum and telecommunications
   Encroachments and interferences
   Maintenance Issues and vegetation management
   Recent cases relating to utility easements
   Condemnation law

Credit Information:

Who Should Attend

  • Attorneys
  • Engineers
  • Land Surveyors

Attorneys
     Michigan: Non-Mandatory CLE
     6.5 Ohio CLE Hours
     6.5 Indiana CLE Hours

Professional Engineers
     6.5 CE Hours

Professional Surveyors
     6.5 CE Hours


Continuing Education Credit Information

This seminar is open to the public and offers a non-mandatory continuing education opportunity to Michigan attorneys. It is approved for 6.5 CLE hours for Ohio attorneys and 6.5 general CLE hours for Indiana attorneys. It is approved for 6.5 CLE hours for Ohio attorneys, and Indiana CLE credit is applied for and pending.

This seminar offers Michigan professional engineers and professional surveyors 6.5 continuing education hours. Educators and courses are not subject to preapproval in Michigan.

Professional engineers and surveyors seeking continuing education in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility. Michigan specific course content is not eligible for continuing education credit in Indiana and Ohio.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers:

Richard M. Apkarian Jr.

Paesano Akkashian Apkarian, P.C., Bloomfield Hills, MI
Mr. Apkarian joined Paesano Akkashian Apkarian, P.C. in 2013. He was previously with Dickinson Wright PLLC for ten years. Mr. Apkarian is a trial lawyer who represents landowners and tenants in real estate litigation, including boundary disputes, property damage claims, lease disputes and eminent domain litigation. He also represents companies and individuals in a variety of business cases, including shareholder disputes, contract actions and collections. In addition to his litigation practice, Mr. Apkarian negotiates and drafts numerous contracts and real estate documents. He received his law degree, with honors, from the University of North Carolina School of Law and his undergraduate degree from Michigan State University. Mr. Apkarian has been named a “Super Lawyer” in Commercial Litigation by Michigan Super Lawyers each year since 2013.

Chris Beland

PEA Inc., Brighton, MI
Mr. Beland is a professional surveyor for PEA where he is a senior project manager specializing in land development with a focus on acquisitions and redevelopment. Through his education and experience, he has learned that the most important part of any project is the people on the project team and how they cohesively work together toward the same vision. Whether it’s the client or the end user, understanding their needs, expectations and perceptions is paramount to the project’s success. Mr. Beland was most recently the Director of the Office of Land Survey and Remonumentation for theState of Michigan and brings 20+ years of experience in the land surveying industry in public and private practice. He graduated from Ferris State University with a BS degree in Surveying Engineering, and he graduated from Northwood University with an MBA degree in Business Management.

Stephen R. Estey

Dykema, Bloomfield Hills, MI
Mr. Estey has extensive experience in expediting land use entitlements, and resolving a wide variety of disputes related to zoning, planned unit developments, special land uses, variances, eminent domain, easements, adverse possession, boundary and title issues, and various regulatory and administrative challenges. For over a decade, he has handled hundreds of eminent domain proceedings for various energy industry clients including electric transmission providers and petroleum pipeline companies. Mr. Estey also has extensive experience in the siting of wireless telecommunication towers under the Telecommunications Act of 1996. He serves as the chair for the State Bar of Michigan, Real Property Section Zoning and Land Use Committee. Since 2013, Mr. Estey has been recognized in Michigan Super Lawyers.

Douglas J. Fryer

Dykema, Bloomfield Hills, MI
Mr. Fryer represents clients in a wide range of complex business, commercial and real estate litigation matters, including contract and commercial lease disputes, construction disputes, adverse possession, easement and other real estate disputes, and condemnation. He has experience in administrative proceedings before the Michigan Tax Tribunal and the Michigan Public Service Commission. Mr. Fryer has extensive experience with eminent domain law, representing electric transmission companies in the acquisition of property interests necessary for the construction, operation and maintenance of new transmission facilities. He also assists clients in the planning and siting of new transmission infrastructure, including both administrative and state- court litigation.

Stephen M. Kelley

Stephen M. Kelley, P.C., St. Clair Shores, MI
Mr. Kelley is a member of the State Bar of Michigan and its Environmental, Insurance and Indemnity, and Appellate Law sections, and he is a past member of the Surface Water/Groundwater Committee of the Environmental Law section. Mr. Kelley also is a member of the American Bar Association and its Environment, Energy & Resources, Litigation, and Tort Trial & Insurance Practice sections. He served as chair of the Environmental & Energy Policy Committee of the Greater Detroit Chamber of Commerce (now Detroit Regional Chamber) for three years. He has been named a Michigan Super Lawyer each year since 2008 and was elected a Life Fellow of the Michigan State Bar Foundation.

Devin R. Sullivan

Zausmer, August, & Caldwell, P.C., Farmington Hills, MI
Mr. Sullivan focuses his practice on real estate, eminent domain, and commercial litigation in trial courts, on appeal, and at arbitration. He frequently represents condemning agencies in complex eminent domain cases, including the Great Lakes Water Authority, the Michigan Department of Transportation, and International Transmission Company (“ITC”). He received an undergraduate degree in Business Administration from the University of Michigan’s Ross School of Business, before earning his law degree from Harvard Law School.

Tuition Costs:

Standard Tuition: $279.00
Online Tuition (pre-registration): $279.00
Group Prices
3 or more People: $259.00

Each registration includes one copy of a manual prepared by the seminar speakers.