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Presenter: Paul Barkhurst and 4 more

Seminar Date:

Seminar Location: San Antonio, TX

Hilton San Antonio Airport
611 NW Loop 410
San Antonio, TX 78216
Phone: 210-340-6060

This seminar is closed or full.

Agenda:

Registration:                        7:30 - 8:00 am

Morning Session:                8:00 am - 12:15 pm

Lunch (On your own):         12:15 - 1:15 pm

Afternoon Session:             1:15 - 5:30 pm


Resolving Boundary Disputes 
Aaron Barton

   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 Riparian and Water Rights 
Robert Park

   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


Understanding Utility Easements and Rights of Way 
Jim Oliveros

   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


Locating Land Boundaries on Paper (And on the Ground) 
Paul Barkhurst Jr.

   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 
      • Understanding and using geographic information systems (GIS)
   Solving land description and boundary location problems


Identifying, Classifying and Locating Easements 
Paul Barkhurst Jr.

   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


Defining Trespass and Adverse Possession 
Clint Buck

   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
  • Other
  • Paralegals/Legal Assistants

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

Texas Escrow Officers
     8.0 General CE Hours

Professional Engineers &
Land Surveyors
     8.0 PDHs (Engineers)
     8.0 CE Hours (Surveyors)

Landmen
     8.0 CEUs


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 and Administrative Law for attorneys and 8.0 paralegal CLE hours in Real Estate Law.

The 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. Educators and courses are not subject to preapproval.

The Texas Board of Professional Land Surveying has approved this activity for 8.0 continuing education hours.

The Association of Professional Landmen has approved this course for 8.0 RL, RPL or CPL recertification credits and no CPL/ESA or Ethics credits.

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:

Paul Barkhurst

Barkhurst and Hinojosa, P.C., San Antonio

Mr. Barkhurst has extensive litigation experience in business and real estate disputes. He has developed a special concentration in the area of eminent domain, representing governmental entities as well as landowners in numerous lawsuits. He has successfully represented numerous owners in ranch power line takings. Mr. Barkhurst also represents governmental entities in construction disputes, and he has represented contractors and subcontractors in private disputes. He also has extensive experience handling complex business dissolution and injunction cases. Mr. Barkhurst has a B.A. degree, with honors, from Southwest Texas State University and a J.D. degree, magna cum laude, from Texas Tech University, and he is a former USAF Captain and F-111 Aviator.

Aaron Barton

Branscomb | PC

Mr. Barton is a shareholder in the firm’s Business and Real Estate Groups. He has been practicing law for over a decade, representing businesses, title companies, developers, lenders, and individuals in a wide variety of business, financing, leasing, and real estate transactions. Prior to joining Branscomb | PC, Mr. Barton also represented title insurers and businesses in business and real estate litigation matters. This experience has assisted him in delivering legal services to the firm’s clients with an eye to avoiding litigation, and he is able to structure transactions to better protect clients in the event a dispute arises in the future.

Clint Buck

Attorney at Branscomb | PC

Mr. Buck received a B.A. degree in Music and Sociology from Austin College in 2007 and a J.D. degree from Texas Tech University School of Law in 2011. He has practiced law in a variety of fields since his admission to the State Bar of Texas in 2011. During law school, he was active in the school’s moot court program, participating as the brief writer on four national and state teams. Mr. Buck is an associate in the litigation department of Branscomb | PC in San Antonio, Texas, where he centers his practice on real estate litigation. He also represents individuals, small businesses, and large companies in a broad spectrum of cases, including those involving water rights, construction, fiduciary matters, and insurance.

Jim Oliveros

Partner at Ross Molina Oliveros, P.C.

Mr. Oliveros has experience in eminent domain litigation and real estate acquisition matters. He focuses on all aspects of large and small real estate acquisition projects for a diverse group of condemning authorities, including pipeline companies, utilities, counties, cities and other entities with the power of eminent domain. Clients use Mr. Oliveros to draft and negotiate easements and all other acquisition documents, purchase real property, review title and participate in condemnation and ancillary proceedings. In the past five years, Mr. Oliveros participated as the lead attorney for a right-of-way team that acquired property for and constructed hundreds of miles of different pipelines in the Eagle Ford area and negotiated well over 600 easements. He also worked closely with a right-of-way team to acquire land for a major 345 kV electric transmission line in Central Texas that spanned almost 300 landowners, and he participated in the acquisition of a strip mall with over 35 tenants. Mr. Oliveros is actively working on pipeline-related projects in South Texas and West Texas and CREZ transmission lines in the Hill Country and surrounding areas.

Robert Park

Uhl, Fitzsimons, Jewett, Burton & Wolff, PLLC

A native Texan, Mr. Park grew up in Austin and attended law school in San Antonio. He is a transactional attorney, whose practice focuses primarily on Texas oil and gas law, including drafting and negotiating leases, surface use agreements, seismic permits, pipeline agreements, disposal well contracts, royalty and mineral transfers, and royalty audits. He also has experience in the purchase and sale of commercial real estate and water rights, and in the sale and donation of conservation easements.

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.