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Navigating Easement Disputes: Defining the Easement, Drafting to Mitigate Risk, Settlement and Litigation Strategies

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 16, 2025

Recorded event now available

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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.

Description

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.

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Outline

  1. Introduction
    1. Easement types
      1. Affirmative
      2. Negative
    2. Sources of easements
  2. Drafting to mitigate dispute risks
    1. Defining the easement
    2. Drafting the easement agreement
  3. Navigating easement disputes
    1. Types of easement disputes
    2. Potential claims
    3. Settlement options
    4. Litigation strategies
  4. Practitioner takeaways

Benefits

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?

Faculty

Glosser, Lawrence
Lawrence S. (Larry) Glosser
Partner
Ahlers Cressman & Sleight

Mr. Glosser’s primary focus is real estate, business, and corporate law.  His practice combines transaction...  |  Read More

Schorr, Zachary
Zachary D. Schorr
Lead Trial Attorney
Schorr Law

Mr. Schorr is an experienced Los Angeles real estate attorney and litigator who enjoys the litigation process and...  |  Read More

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