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Product ID: 405006EAU
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Private Access to Public Rights of Ways

OnDemand Webinar (88 minutes)

Gain an understanding of land rights access issues for rights-of-way or easements held by public or private entities.With the increasing congestion in utility corridors, and permitting authorities' increasing reluctance to burden greenfields, entities looking to expand their footprints or increase use within existing rights need to be mindful of land rights limitations. Similarly, entities that are vested with land rights may or may not be able to prevent others from encroaching thereon, depending upon the language of the vesting instrument, case law within the state, and impacts of state and federal laws. The discussion will start at land rights analysis, moving through the most commonly contested issues in access acquisition or prevention, and will give you the practical tools to analyze rights for contemplated projects.


Beth R. Minear, Esq., Global Project Solutions Consultants, LLC


Formation of Rights

• How Did Rights Vest?

• Prior and Subsequent Rights

• Correlative Rights and "Status Quo" Arguments

Use of the Dominant Estate

• Right to Exclude Others

• Erection of Gates or Other Barriers

• Scope of Use

Duty and Liability Regarding Encroachments on Dominant Estate

• Duty Owed to Co-Owners of Dominant Estates

• Liability of Servient Estate for Use or Misuse of Servient Estate

Liability for Injuries to Persons Within Boundaries of Dominant Estate

• Status of Injured Party May Determine Level of Duty

• Duties of the Dominant Estate

Legal Remedies

• Declaratory Judgements to Determine Rights

• Injunctive Remedies

• Trespass and Other Actions

• Miscellaneous Actions