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Easements, Restrictions, Partitions & Boundary Disputes: Law and Essential Practice Pointers for Attorneys and Paralegals

  • Training

  • 3 Hours
  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5835545
Easements, rights of way, and access are essential to the use and enjoyment of land and associated amenities, such as beaches and lakes - for residential, commercial, and recreational activities - and can have a major effect on property value. Restrictions can regulate the use of a single property, several properties, or an entire development or private community - and often regulate the rights, obligations, and use of common amenities therein. Yet this area of the law and the application of it to specific circumstances can be both confusing and uncertain. Disputes relating to easements and restrictions are a regular source of litigation in the Land Court and issues related to both often arise in residential and commercial real estate titles.

A working knowledge of the law relating to easements, rights of way, restrictions, boundary disputes, and partitions is invaluable to real estate practitioners, governmental agency and utility company attorneys, title examiners, developers, surveyors, engineers, and paralegals. Let the expert real estate faculty bring you up to date on the law, recent decisions, and practical tips to help you understand and deal with a variety of topics involving easements and restrictions, and their relationship to the use and enjoyment of land, beach rights, and other amenities. An examination of partitions and boundary disputes rounds out the panel discussion.

Course Content

2:00 - 2:10 pm
  • Overview of Public Ways and Private Easements
  • Carrie B. Rainen, Esq., Rainen Law Office, PC, North Andover
2:10 - 3:20 pm
  • Private Easements
  • Appurtenant Easements v. Easements in Gross; Creation
  • Nicholas P. Shapiro, Esq., Phillips & Angley, Boston
  • Rights Associated With Private Easements
  • Carrie B. Rainen, Esq., Rainen Law Office, PC, North Andover
  • Easements: Underlying Fee Interests
  • Nicholas P. Shapiro, Esq., Phillips & Angley, Boston
  • Paper Streets; Use and Scope Issues
  • Carrie B. Rainen, Esq., Rainen Law Office, PC, North Andover
  • Easements & Restrictions: Overburdening & Material Interference
  • Nicholas P. Shapiro, Esq., Phillips & Angley, Boston
  • Easements: Extinguishment
  • Nicholas P. Shapiro, Esq., Phillips & Angley, Boston
  • Easements & Restrictions: Issues that Arise in Connection with Development of Subdivisions and Condominiums
  • Katherine Prifti, Esq., First American Title Insurance Company, Boston
3:20 - 3:40 pm
  • Easements & Restrictions: Access to Beaches and Waterbodies
  • Nicholas P. Shapiro, Esq., Phillips & Angley, Boston
4:00 - 4:10 pm
  • Break
4:10 - 4:30 pm
  • Private Restrictions
  • Nicholas P. Shapiro, Esq., Phillips & Angley, Boston
4:30 - 4:40 pm
  • Easements & Restrictions: Transaction Considerations and Drafting Pointers
  • Katherine Prifti, Esq., First American Title Insurance Company, Boston
4:40 - 5:00 pm
  • Easements & Restrictions: Title Insurance Implications
  • Katherine Prifti, Esq., First American Title Insurance Company, Boston
  • Please Note
  • MCLE webcasts are delivered completely online, underscoring their convenience and appeal.
  • There are no published print materials. All written materials are available electronically only.

Speakers

Chair
  • Carrie B. Rainen, Esq., Rainen Law Office, PC, North Andover
Faculty
  • Katherine Prifti, Esq., First American Title Insurance Company, Boston
  • Nicholas P. Shapiro, Esq., Phillips & Angley, Boston