Eastern Panhandle Chapter Seminars

The West Virginia Society of Professional Surveyors, and its Eastern Panhandle Chapter Present

Keeping the Cooley Spirit Alive
The Intent of the Parties - Reading the Deed
Practical Location and Acquiescence
Prescriptive Easements in West Virginia
presented by Kris Kline

Keeping the Cooley Spirit Alive (2 PDHs)
Justice Thomas Cooley of Michigan is well known for his 1881 Treatise “The Judicial Function of Surveyors.” However, much more can be learned from a more detailed analysis of the rulings that were building blocks for his famous essay. This class includes case studies from several rulings where Mr. Cooley considered the role, significance, and responsibilities of the Professional Land Surveyor. This segment also provides valuable insights applicable to the presentations on Intent of the Parties and Practical Location.

The Intent of the Parties - Reading the Deed (2 PDHs)
The concept of the Intent of the Parties is central to many of our boundary retracement decisions. In addition to common rules of construction, this seminar covers the 4-Corners Rule, Strip and Gore Doctrine and other refinements that the courts routinely apply when considering the meaning of a deed.

Practical Location and Acquiescence (2 PDHs)
These two concepts are easily confused, in part because they represent two different mechanisms that courts may apply to determine the limits of property ownership. Definitions vary for these terms depending on the jurisdiction and specific circumstances of the dispute. This course lays out the possible definitions of each term and then uses local state case law to clarify the parameters significant in that state.

Prescriptive Easements in West Virginia (2 PDHs)
While the basic concepts behind prescriptive easements are widely recognized, many developments in this area of the law are fairly recent. The course begins with the development of the Lost Grant Theory and its relationship to prescriptive rights in the United States. The various elements required for the creation of a prescriptive easement are discussed. Tacking of prescriptive claims is considered, along with the scope & location of the resulting easement.

Schedule

7:30 AM - 8:00 AMRegistration
8:00 AM - 10:00 AMKeeping the Cooley Spirit Alive
10:00 AM - 12:00 PMThe Intent of the Parties - Reading the Deed
12:00 PM - 1:00 PMLunch
1:00 PM - 3:00 PMPractical Location and Acquiescence
3:00 PM - 5:00 PMPrescriptive Easements in West Virginia

Details

  • When

  • Friday, July 14, 2017
    7:30 AM - 5:00 PM
    Eastern Time

  • Where

  • The Holiday Inn
    301 Foxcroft Avenue
    Martinsburg, West Virginia 25401
    USA

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