Comprehensive Fundamentals of Land & Easement Acquisition

by Jerry Moran on February 14, 2013

CFLEA
Announcement

Are you looking for a training seminar which covers
the majority of the technical issues of land and/or easement acquisition?

In one week?

With unlimited no charge telephone/e-mail
consulting?

From a company with thousands of satisfied Utility/Appraiser/Engineering/Railroad/Pipeline/Governmental
Agency graduates?


Then
welcome to NMI Management & Training
Services
latest offering

This course has been approved by the
California Office of Real Estate Appraisal for forty hours of Continuing
Education Units. Some other states approve it as well upon petition.

Comprehensive

Fundamentals of Land and Easement Acquisition (CFLEA)
Day 1: 8 hours

8:00 8:30 Introductions, objectives of this lesson:

v Define what real
property is

v Describe the
different ways to hold title to real property

v Recite the various
types of deeds used to transfer land

v Explain the
difference between testate and intestate succession

v State the
requirements of a valid deed

v Describe the proper
execution of documents

v Relate the value of
subordinating a mortgage/trust deed

v Explain the recording
process and notice

v Describe what an
easement is and how it is created

v State what licenses,
permits, and covenants are, and describe the distinctive features of each

8:30 to Noon Real Property Law (includes
15 minute break)

Ownership:

} As Individuals

} As Joint tenants

} As Tenancy in common

} As Tenancy by the entirety

} As Community property

} Partnerships, Limited and General

} Corporations

Estates in
land: Fee Simple, Life Estates, Leasehold Estates

Break for
lunch

1:00 5:00
PM (Includes 15 minute break)

Ø Types of deeds: Grant, Warranty, Quitclaim and Patent

Ø Contract for deed/Land Sale Contract

Ø Wills and Descent

Ø Eminent Domain, includes “60 Minutes” video (13 minutes) on abuse
of power

Ø Trusts

Ø Powers of attorney

Ø Proper document execution

Ø Easements (types, creation, termination)

Ø Options

Ø Subordination agreements from lenders

Ø Acknowledgements

Ø Recording rules

Day 2:

8:00
8:30 Review of Day 1

8:30 Noon (includes 15 minute break)

Upon completion
of this lesson, the student will be able to:

Ø Examine the Tax Assessors records

Ø Determine the ownership of a given piece of property

Ø Run a chain of title

Ø Conduct an easement search

Ø Examine a probate case

Title Search: Starting with the tax assessor’s
information, the participant locates the deed to a parcel of land using the
grantor/grantee index from the recorder’s office.

Then an
easement search is conducted.

A probate
case is examined to complete the search process.

A trivial
Pursuit adaption gives the participants reinforcement of the topics covered so
far.

By the end
of this lesson the participant will know how to locate needed information in
the assessor’s, recorder’s office and the probate court.



Day 2: 1:00 PM to 5:00 PM (includes a 15
minute break)

Land Descriptions

Upon completion of
this lesson, the student will be able to:

Write a complete
metes and bounds description

Delineate and
describe the component parts of the Rectangular Survey System

Describe the functional
and legal parts of a subdivision

Ø
The participants read and discuss the
booklet from Chicago Title entitled “The Fundamentals of Land Measurement.”

Ø Metes and bounds descriptions with exercises.

Ø Monuments and markers found on the property. Discussion about how
to interpret them and who to contact for more information.

Ø Instructions on how to use an engineer scale and a land measure
compass. Three exercises ensue.

Ø Discuss magnetic declination and why it is important.

Ø Datum north and basis of bearings.

Ø U.S Rectangular Survey System. Discussion and five exercises.

Ø Subdivision and re-subdivision. Interpreting what is found on the
map and face sheet.

Day 3: 8:00 Noon (includes a 15 minute
break)

Review of previous lessons

Easement descriptions

Ø Upon completion of this lesson the student will be able to write
any easement description on a parcel of land through ten work exercises and discussion.

Ø Access to the easement location is emphasized in the way the
description is written.

Ø Curve descriptions. Using a custom made job aid the participants
learn how to write any kind of curve description except a spiral curve. Two
more exercises.

100: PM 5:00 PM

Negotiation Skills:

Ø Establishing the
relationship.

Ø Breaking the ice

Ø Establishing
rapport

Ø Power

Ø Time

Ø Knowledge

Ø Leverage

Ø Negotiating tactics

Day 4: 8:00 AM to Noon (includes a
minute break)

Overview of Land Surveying

Upon completion of this lesson the participant will be able to:

Ø Identify various kinds of North

Ø Illustrate the kinds and types of errors found in land surveys

Ø Recite the hierarchy of calls in a land description

Ø Explain the history of land surveying

Ø Demonstrate the various projection systems used

Ø Define how boundaries are set and recovered

Ø Decipher land points, elevations, distances, and angles

Ø Explain horizontal angles

Ø Define Describe the duties of a land surveyor

Ø Students read article: “When is a Rod not 16.5 Feet?” This article
was written by a PE with a JD, for the national BAR association magazine. It
emphasizes that surveying is not an exact science. Discussion follows.

Ø Geometric considerations

Ø Examining a survey and deciphering all of the notes and comments

Ø Directions: azimuths and bearings

Ø Projection systems

Ø Development of standard procedures

Ø Elevation

Ø Hierarchy of calls

1:00 PM to 5:00 PM (includes a minute
break)

Three videos are viewed to show
surveyors’ at work and the newest 2012 equipment

Boundary
recovery

Ø Exercise one, using the land measure compass and the engineer
scale to construct several lines from a deed description

Ø Exercise two, construct a simple curve using the above mentioned
tools

Ø Exercise three, acquire a 30’ X 50’ easement on an oddly shaped
parcel and construct an accurate metes and bounds description of same.

Ø Feedback and discussion follows

Day 5

8:00 AM to 8:30 AM

Review of surveying lesson

8:30 AM to Noon 15(includes a minute
break)

Quality Assurance

Ø The benefits of QA in land/easement acquisition

Ø What is the awareness path?

Ø Verification of title, land description, correct form, validity of
any “Exhibit “A” and is a mortgage subordination needed?

Ø Case study. This complex case involves a parcel in New Mexico that
erroneously recorded in the wrong Range number and resulted in a tax sale. Then
the courts had to step in.

Break for lunch

1:00 PM to 3:00 PM

Negotiating with potentially hostile
groups

This lesson
is broken up into the following parts:

Ø Preparing for the presentation

Ø Opening of the presentation

Ø Body of the presentation

Ø Close and request for action

Ø Handling Questions and Questioners

A mock city
council or home owner’s association is used as the setting for this session

Multiple
personality types are examined. A Psychologist was employed to make
recommendations on how to respond to/deal with each type. A group exercise
follows.

3:15 to 5:00 PM

Summary and review

510-530-9342 nmi@flash.net Fax:
510-531-2121

www.nmitraining.com

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