Navigating Easement Disputes: Defining the Easement, Drafting to Mitigate Risk, Settlement and Litigation Strategies
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Wednesday, April 16, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will provide a comprehensive overview of real property easements and the types of disputes that frequently arise. The panel will discuss drafting considerations to mitigate the risk of disputes--including how to precisely define the easement and necessary provisions in the easement agreement--and offer best practices and strategies for settling and/or litigating disputes.
Mr. Glosser’s primary focus is real estate, business, and corporate law. His practice combines transaction and litigation. He has been actively involved in the real estate industry as a broker, manager, developer and attorney since 1978. Mr. Glosser is thoroughly familiar with all aspects of real estate transactions and financing. He brings his entrepreneurial experience to the practice of law, enabling him to understand both the legal and business issues presented in each transaction. As an attorney, he assists clients with understanding and evaluating legal issues associated with business transactions, enabling clients to analyze risk, and make informed business decisions. Mr. Glosser is a frequent speaker on a variety of real estate topics, both locally and nationally.
Mr. Schorr is an experienced Los Angeles real estate attorney and litigator who enjoys the litigation process and trials. He initially gained his experience in law by working in a well-known national law firm, while later honing his skills at a well-respected real estate and entertainment boutique law firm. Mr. Schorr is a frequent lecturer on various areas of real estate law.
Easements are rights that grant one party the use of another's property. While easements are relatively common, they are often the subject of disputes including what is included in the scope of the easement and whether the property owner's activities interfere with the easement. Disputes may also arise as to whether an easement exists, as may be the case in adverse possession.
Resolving an easement dispute often hinges on the language of the easement agreement. Therefore, counsel should understand how to precisely define the easement and draft necessary provisions in the easement agreement to best protect their clients. When disputes arise, counsel should be able to guide their clients through settlement options to mitigate the risk of litigation, or if needed, create litigation strategies.
Listen as our expert panel provides a comprehensive overview of easements and potential disputes. The panel will discuss drafting considerations to mitigate the risk of disputes and litigation strategies should the matter progress.
- Introduction
- Easement types
- Affirmative
- Negative
- Sources of easements
- Easement types
- Drafting to mitigate dispute risks
- Defining the easement
- Drafting the easement agreement
- Navigating easement disputes
- Types of easement disputes
- Potential claims
- Settlement options
- Litigation strategies
- Practitioner takeaways
The panel will review these and other important considerations:
- What are common types of easements and what disputes often arise?
- How may counsel mitigate the risk of disputes through drafting the easement agreement and defining the easement's scope?
- When disputes arise, what are best practices for resolution? Or if necessary, litigation strategies?
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