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Presenting a live 90-minute webinar with interactive Q&A

Clearing Title for Defects Due

to Easements, Encroachments

and Survey/Boundary Disputes Identifying and Resolving Common Title Defects to Ensure Closing of the Deal

Today’s faculty features:

WEDNESDAY, JULY 29, 2015

Sarah D. Cline, Attorney, Shulman Rogers Gandal Pordy & Ecker, Potomac, M.D.

Monica K. Gilroy, Managing Partner, Gilroy Bailey Trumble, Alpharetta, Ga.

John H. Hawthorne, Member, Protorae Law, Tysons, Va.

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific

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Clearing Title for Defects Due to

Easements, Encroachments and

Survey/Boundary Disputes

Identifying and Resolving Common Title Defects to Ensure Closing of the Deal

Identifying Easement and Encroachment

Issues: ALTA/ACSM Surveys

• ALTA/ACSM Surveys are critical to discover issues on-site which may not be evidenced by the public records, particularly including easements, encroachments, and boundary disputes

• Surveying standards of care

• Measurement Standards

• Records research

• Field work

6

Access

• Direct Access to public road

• Access via easement

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Easements

• Types of Easements

• Express

• Implied

• Easement By Necessity

• Prescriptive Easement

• Blocking the Easement

• Gating the Easement

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Indefinite and unclear easements

• USA CARTAGE v. Baer, 55 A.3d 510, 429 Md. 199 (2012).

• Burdette v. Brush Mountain Estates, LLC, 278 Va. 286 (2009) and Beach v. Turim, 2014 Va. LEXIS 27 (2014).

• Easement not described with particularity

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Encroachments

• Easement v. Encroachment

• Easement as an Encroachment

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Setback violations

• Local and State Law/Ordinance violations

• Federal law/regulatory agency violations: Army Corps of Engineers, Wetlands, TVA and other challenges

• Documentation/History is Key

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CC&Rs and Equitable Servitudes

• Easement v. License

• Easement as an equitable servitude

• Plain language of the CC&Rs

• Extinguishment or Abandonment of the Easement

• Effect on title to the real estate

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Survey/boundary disputes

• Whose survey controls?

• How do these disputes occur?

• Adverse Possession/Prescription

• Elements and State Laws

• Ways to cure

• Declaratory Judgment

• Re-surveying

• Property Swap

23

Sarah Cline gets deals done. A transactional attorney with significant experience in both

residential and commercial real estate deals, Sarah uses her litigation background to

anticipate potential problems in a real estate transaction, and to address them before they

cause undue delay or expense. Clients hire Sarah because her attentive, holistic approach to

real estate transactions ensures smooth, efficient closings, and clients trust Sarah’s practical

advice to resolve any issues that may arise. While her legal practice encompasses a broad

range of real estate related areas, Sarah focuses her practice on the representation of buyers,

sellers and lenders in the acquisition, sale and financing of real estate.

A recognized leader in both the local and state legal communities, Sarah currently serves as

Treasurer of the Maryland State Bar Association’s Young Lawyers Section, and co-chairs

the Bar Association of Montgomery County’s Real Estate Law Section.

Sarah D. Cline scline@shulmanrogers.com

301-945-9245

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Monica K. Gilroy, a founding principal of Gilroy Bailey Trumble LLC, located in Atlanta,

Georgia and is the firm managing partner. She has over 22 years of experience practicing law. She

received her Bachelor of Arts in Political Science from the University of Wisconsin and a J.D. from

the University of South Carolina School of Law. The focus of her national litigation practice

includes all aspects of real estate litigation, including foreclosure and title disputes, broker and

agent liability defense, mortgage fraud-related litigation and civil and commercial contract

disputes. Ms. Gilroy has extensive lead counsel trial experience and frequently appears in all of the

state and federal courts of Georgia, including the state and federal appellate courts. Ms. Gilroy is

the Chair of the Executive Committee of the Real Property Law Section of the State Bar of

Georgia, the largest section of the Georgia State Bar. She speaks and teaches on a regular basis at

the state and national level to attorneys, real estate professionals, property managers, and real-

estate brokers and agents on litigation and real estate related topics. Ms. Gilroy is a nationally

recognized attorney and holds an AV-peer review rating with Martindale Hubbell.

Monica K. Gilroy Founding Principal mkg@gilroyfirm.com

770.518.5515

25

John H. Hawthorne Partner jhawthorne@protoraelaw.com

703.942.6147

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John H. Hawthorne is a partner at Protorae Law, PLLC, a business law firm located in Tysons Corner,

Virginia. He heads the firm’s real estate practice group. Mr. Hawthorne has been involved in the real estate

field in various capacities for the past sixteen years. He maintains an extensive transactional practice which

includes matters with a specific emphasis on sales and purchases of commercial real estate, distressed assets,

leasing projects and the development of real estate. Such matters have included the negotiation of complex

purchase and sale transactions involving historic buildings, restaurants, church properties, retail

establishments, multi-party leasing arrangements, and tenancy in common agreements. Mr. Hawthorne also

represents clients in complex real estate litigation matters. He has represented clients in state and federal

courts and has particular experience with easement and boundary line disputes, injunctions preventing the sale

and encumbrance of real estate, complex landlord-tenant disputes and other various contractual disputes

involving the ownership of real estate. In addition to his legal representation, Mr. Hawthorne has served as an

adjunct lecturer for a graduate business program and has been a presenter at continuing legal education

classes. Mr. Hawthorne has also routinely hosted and presented real estate seminars for local chambers and

other various real estate groups. Mr. Hawthorne is an Area Representative of the Virginia State Bar’s Real

Estate Section and is a member of the Fairfax Bar Association.