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Boundaries and Easements

Presenter: Augustus L. Campbell and 5 more

Seminar Date:

Seminar Location: Houston, TX

Marriott West Loop - By the Galleria
1750 West Loop South
Houston, TX 77027
Phone: 713-960-0111

This seminar is closed or full.

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 - 5:30 pm

Texas Easements
J. Stuckey

   Categories of easements
      - Affirmative and restrictive easements
      - Appurtenant and in gross easements
      - Private and public easements
      - Undefined easements
   Specific types of easements
      - Express and implied easements
      - Necessary and permissive easements
      - Easements by deed, dedication, reservation, prescription, estoppel, adverse possession and condemnation
      - Conservation and preservation easements


Locating Land Boundaries on Paper (And on the Ground)
A. Sikes

   Interpreting land descriptions
      - Metes and bounds
      - Lot and block
      - Do’s 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
      - Understanding and using geographic information systems (GIS)
   Solving land description and boundary location problems


Understanding Riparian and Water Rights
A. Campbell

   History and development of riparian rights
   Determining land boundaries near the water line
   Determining access rights to surface waters
   Determining rights to groundwater
   Complying with regulations restricting access to and use of surface water and groundwater


Resolving Boundary Disputes
E. Howard

   Types of boundary disputes
      - Adverse possession, easements, boundaries
   Obtaining and reviewing boundary evidence
   Methods for establishing disputed boundaries
   Participating in dispute resolution techniques
      - Litigation, arbitration, mediation, agreements, title insurance
   Examining boundary dispute case studies:  exploring techniques for resolving sample disputes


Understanding Utility Easements and Rights of Way
J. Hodge

   Current law on utility rights of way
      - State laws and regulations
   Types of utilities affected
      - Electric, water, natural gas, telecommunications, communications
   Basis for and definition of the easement
   Encroachments and interferences
   Maintenance
   Condemnation law
   Current issues involving utility easements


Defining Trespass and Adverse Possession
L. Sherlock

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

Credit Information:

Who Should Attend

  • Attorneys
  • Engineers
  • Land Surveyors
  • Landmen
  • Paralegals/Legal Assistants

Attorneys & Paralegals
   8.0 Texas CLE hours
   TBLS: 8.0 Real Estate Law

Texas Escrow Officers
   8.0 General CE Hours

Professional Engineers & Land Surveyors
   8.0 PDHs

Landmen
   8.0 AAPL CE Hours


Continuing Education Credit Information

This seminar is open to the public.  The State Bar of Texas has approved HalfMoon Education as a CLE provider for attorneys.  This course offers 8.0 CLE hours, including no ethics hours.  The Texas Board of Legal Specialization has awarded 8.0 hours in the specialty area of Real Estate Law for attorneys and paralegals.

Texas Department of Insurance has approved this course for 8.0 general continuing education hours for escrow officers.

This seminar offers 8.0 PDHs to Texas professional engineers to whom the subject matter is professionally relevant.

The Texas Board of Professional Land Surveying has approved this program for 8.0 professional education hours.

The Association of Professional Landmen has accredited this event for 8.0 RL, RPL or CPL recertification credits and no CPL/ESA or ethics credits.

Attendance will be monitored and reported, as required.  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:

Augustus L. Campbell

President & CEO at West Houston Association
Mr. Campbell is the president and CEO of West Houston Association and is an advocate for better infrastructure, development, and quality of life in 1,000 square miles of Greater West Houston.  West Houston Association is a nonprofit organization that aims to create a better living and working environment for the 1.6 million residents and 600,000 employees in Greater West Houston.  Mr. Campbell was previously the assistant city attorney for the City of Houston, and practiced in the areas of water, utilities, construction, and affirmative action programs.  He served in the United States Army and received his J. D. degree from Texas Tech University School of Law in 2006.

Justin Hodge

Johns Marrs Ellis & Hodge, L.L.P., Houston
Mr. Hodge is a trial lawyer who represents Texas landowners in condemnation, eminent-domain, and real-estate lawsuits.  He has handled complex condemnation and eminent-domain cases throughout the State of Texas.  Mr. Hodge has appeared in condemnation and eminent-domain lawsuits and he has defended landowners against the Texas Attorney General’s office, pipeline companies, electric transmission line companies, school districts, cities, and counties.  He is passionate about Texas property rights.  Mr. Hodge has testified on Texas condemnation and eminent domain reform on behalf of Texas landowners in front of both the Texas House of Representatives and the Texas Senate.  He also writes a weekly blog at TexasCondemnation.com.  Mr. Hodge is currently an adjunct professor at University of Houston School of Law where he teaches a course on eminent domain.

C. Elaine Howard

Andrews Myers P.C., Houston
Ms. Howard is a trial attorney focusing on commercial litigation, real estate disputes and employment law.  She has handled evictions, lockouts, title and lien priority disputes, foreclosure on real and personal property, Fair Housing Act violations, enforcement of deed restrictions, ad valorem taxes, easements, adverse possession, boundary disputes, and disputes arising out of the acquisition of real property.  Ms. Howard has handled hundreds of landlord/tenant disputes primarily but not exclusively on the landlord’s side.  She has represented lenders and loan servicers in matters involving foreclosures and lending practices.  Ms. Howard advises individuals seeking to acquire property about their possible liabilities and consults on the closing documents and indemnification agreements.  She received her B.A. degree in Economics, Political Science and Managerial Studies from Rice University (TX) and her J.D. degree, magna cum laude, from the University of Houston Law Center.

Larry Sherlock RPLS

Project Manager at Rods Surveying Inc in Houston
Mr. Sherlock has over 38 years’ experience in the land surveying and engineering field.  He has been a registered professional land surveyor in the State of Texas since 2001.  Mr. Sherlock was a senior at the University of Houston pursuing a B.S. degree in Civil Engineering degree when a survey crew vacancy introduced him to the profession of land surveying.  He has experience in numerous areas of surveying including original boundary retracement, ALTA/ACSM Land Title surveys, construction staking, wetlands delineation surveys, design surveys, platting, expert witness testimony, boundary dispute resolution and right-of-way route surveys.  He has experience with specialty surveys including interior surveys, subterranean surveys, digital scanning, and hydrographic surveying.  Mr. Sherlock’s position with RODS focuses most of his energies on TXDOT projects where he is pre-qualified in survey, legal descriptions, parcel plats, design & construction surveys.  He is active in the Gulf Coast Chapter of the Texas Society of Professional Surveyors (TSPS), where he has served in numerous officer positions, currently holding the office of past president.

Andrew Lonnie Sikes, PE, RPLS

Andrew Lonnie Sikes, Inc., Houston
Mr. Sikes founded Andrew Lonnie Sikes, Inc., in 1977, offering a broad range of surveying and engineering services, with a special emphasis on land and boundary surveying, as well as aerial mapping.  He received his Bachelor of Science and Masters of Engineering degrees in Civil Engineering from Texas A&M University, College Station.  Mr. Sikes served on the Texas Board of Professional Land Surveying under three governors and was elected to the board of directors of the National Council of Examiners for Engineering and Surveying (NCEES).  In addition to running a regional engineering and surveying firm, he serves the University of Houston as an adjunct instructor of surveying from time to time.  Mr. Sikes provides consultation and testimony to clients and their attorneys when there are surveying issues being litigated.  He has received numerous awards from ASCE and TSPS for service to the profession of surveying.

Joe W. Stuckey, JD, LLM, PE, RPLS

Attorney at Law, Rosharon (Houston Area)
Mr. Stuckey practices primarily in corporate, real estate, and environmental law, including transactional work and litigation.  He has a B.S. degree in Civil Engineering from Texas A&M University and J.D. and L.L.M. degrees from the University of Houston Law Center.  Mr. Stuckey is admitted to the practice of law in all Texas courts, the U.S. District Court for the Southern District of Texas, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Claims Court.  He is also licensed in Texas as a professional engineer and a registered public land surveyor.

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.