Learn how to identify utility needs, easement requirements, and potential land use conflicts to enhance real estate due diligence.
With the rapid urbanization of our country, society demands the conveniences of our everyday utilities, much different than 150 years ago. Today, even in rather rural remote locations, we demand electricity, telephone, cell service, high-speed internet, gas, potable water delivery and wastewater transportation- many luxuries that our grandparents did not enjoy. Because of dense populations, the demand for utility easements to deliver these consumer ‘goods’ are at an all-time high. As a consequence of the rapid growth, utility providers crowd each other to the extent that land use conflicts often arise creating public safety and reliability concerns of the utilities.
This presentation will help those in real estate development, brokerage, and/or management to identify utility needs on properties and the orientation of the easements necessary to deliver the resources. Also, attendees should better recognize prospective investigations they can perform in their due diligence for existing or future conflicts between users, including easement holders. Understanding the differences between the dominant and servient estates as well as the limitations on uses by easement holders may help attendees avoid future costly conflicts or enable them to quickly analyze conflicts and seek resolution. This presentation is not designed for any particular state’s jurisdiction. Fact scenarios and specific applications in any given state should be analyzed by a licensed attorney in that state.
Learning Objectives
- You will be able to define what an easement is.
- You will be able to describe how utility easements are created.
- You will be able to identify and locate utility easements on property.
- You will be able to recognize conflicts and consider resolution between easements and other land users.
Agenda
What Is an Easement?
- Definition
- Explore Dominant and Servient Estates
- How to Identify/ Locate a Utility Easement
How Are Utility Easements Created?
- Survey Plat or Dedication
- Expressed Grant
- Condemnation / Expropriation
- By Prescription
Conflicts Between Multiple Easements and Land Users
- Encroachments /Trespasses
- Multiple Line Rights
- Maintenance and Repair Issues (Who Pays for Damages?)
Termination of Utility Easements
- Abandonment
- Removal of Infrastructure
- Idle, Lack of Use
- Termination
- By Expressed Release
- By Operation of Law or Lapse of Time
Closing
Speakers
Scott T. Doggett,
Baker Moran Doggett Ma & Dobbs LLP- Founding Partner in the law firm of Baker Moran Doggett Ma & Dobbs LLP, based in Plano, Texas
- Represents public and private clients in real property litigation, with an emphasis on condemnation, inverse condemnation, mineral disputes and other land use conflicts
- 35 years of litigation experience which includes work as an Assistant Attorney General for the State of Texas, condemning for Texas Department of Transportation (TXDOT), Texas A&M University System, and the Texas National Research Laboratory Commission (Superconducting Supercollider)
- Serves as outside counsel for multiple cities, gas and electric utilities, and common carrier pipeline companies
- Serves as consultants and litigators in various real property disputes, including condemnations for roads, highways, wastewater and freshwater pipelines, utility easements, airports, sports venues, research facilities, water towers, municipal and other public uses
- Member of State Bar of Texas, International Right of Way Association, Texas City Attorneys Association, Texas Aggie Bar Association, Texas Bar Foundation (Life Fellow), and REALTOR’s Land Institute
- Recognized as a Super Lawyer by Texas Super Lawyers, a Service Publication of Thomson Reuters; Rated AV Preeminent by Martindale-Hubbell
- Frequent writer and speaker for continuing education on topics regarding eminent domain, easements, and expert witnesses in real estate litigation, in addition to continuing education for Texas REALTORS
- J.D. Degree, Thomas M. Cooley Law School; B.S. Degree, Texas A&M University
Who Should Attend
This live webinar is designed for attorneys, presidents, vice presidents, land surveyors, engineers, construction and project managers, developers, government officials, environmental professionals, planners, zoning and real estate professionals, public works and utility directors, and architects.
