Law of Easements – Half Day or Full Day (Nominally 4.0 or 8.0 Contact Hours)
Perhaps no other area of the law is as homogenized as the law of easements. Cases from all over the country resemble the textbook examples that are taught in law school. This is because of the many centuries of court decisions relative to easement law that have been passed on and shared across all jurisdictions. In this program real property rights will be examined, generally, and non-possessory interests created by easements will be examined specifically. The classifications and the manner in which easements are created will be studied. This will include a discussion of easements created by conveyance and easements created by other means (e.g. prescription, implication, etc.). Once the creation of easements has been established, the scope, interpretation, rights and obligations, of both the easements owner and the owner of the servient estate will be examined. Concepts that will be studied include dominant estate and servient estate; easement in gross and easement appurtenant; express easement and implied (non-express) easement; and “running with the land.” The termination and extinguishment of easements will wrap up the discussion. Several case studies from across the country will be examined that exemplify and flesh out these concepts. This program will be accompanied by a Power Point presentation.
OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.