COURSE DESCRIPTION
Easements are nonpossessory rights to use a third party’s property. They can be conveyed by deed or contract and may have a significant impact on the underlying property. When valid and enforceable, easements may have a major impact on the use of property, its development and ultimately the value of the underlying property. It isvery important to timely identify easements in diligence, value them, and perhaps obtain their termination or release. If your client depends on an easement, ensuring that they are properly drafted and filed, and are enforceable are essential. This program will provide you with a real-world guide to easements in real estate transactions, including their types, how they are created and released, or enforced in transactions.
- Types of easements – prescriptive, appurtenant, in gross, mortgage-related, estoppel, necessity and quasi-easements
- How they are used in real estate transactions – which are best for your client?
- Due diligence in transactions – identifying and valuing easements
- Creation of easements – drafting essential terms and filing for maximum enforcement
- Enforcement – methods and measure of damages
- Termination and release – effective drafting to eliminate easements
Speaker:
John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP. He has more than 40 years’ experience in real estate law practice. He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute. He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law. He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.