On July 11, 2019, Kitsap Law Group partner David P. Horton spoke at a seminar on boundary issues and easement law presented by the National Business Institute. The seminar has already taken place, so this page is no longer an invitation to register. We have kept it as a record of the program and as a short overview of the subjects it covered, because the same questions still come up for property owners across Kitsap County.
Why the seminar mattered
Boundary and easement problems come up often, and they can become complicated quickly. Sorting them out usually takes careful due diligence: reading deeds and plats, reviewing surveys, and understanding how a piece of land has actually been used over the years. A solid grasp of the legal fundamentals makes it much easier to handle these situations calmly and correctly.
David's goal was to help attendees advise clients on boundary and easement matters with confidence. The program was built for attorneys, but it was also aimed at the other professionals who deal with property lines and access every day:
- Surveyors and engineers
- Architects and developers
- Planners and local government officials
- Real estate professionals
- Title insurance professionals
Topics the program covered
The course outline included nine subjects. A short note on each follows, describing the general ground the topic covers.
Defining easement types
Easements come in several forms, and the type matters. Some are written into a deed or a recorded document. Others can arise from how land has been divided or used. Knowing which kind you are dealing with is the first step in understanding who can use it and for what.
Creating and enforcing easements
This topic looked at how easements come into existence and what an owner can do when the terms of an easement are not being followed, for example when access is blocked or a use goes beyond what the easement allows.
Terminating or releasing easements
Easements do not always last forever. This part of the outline addressed the options for ending or releasing an easement and the steps involved.
Evaluating boundary evidence
Where a line actually sits can depend on surveys, legal descriptions, monuments, fences and the history of how neighbors have treated the line. Weighing that evidence is central to any boundary question.
Resolving boundary disputes
Many boundary disagreements can be worked out without a lawsuit. This topic covered ways to resolve a dispute through negotiation and agreement.
Litigating boundary disputes
When a dispute cannot be resolved, it may end up in court. David has written separately about why going to court over a boundary is rarely worth it; see Why litigating boundary disputes is almost always a bad idea.
Special boundary considerations
Some properties raise issues that ordinary parcels do not, and the outline set aside time for those less common situations.
Conservation easements
Conservation easements limit how land can be developed or used in order to protect its natural or open-space character. They raise their own questions for owners, buyers and planners.
Ethics in boundary law
The program closed with the ethical duties that apply when professionals advise clients on boundary and easement matters.
Questions about a boundary or easement?
Boundary and easement questions are part of the firm's real estate and land use work. If you are dealing with a disputed line, a blocked access road or an easement you do not understand, you can learn more on our real estate law page or request a consultation with an attorney at our Silverdale office.
