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Special 2-Day Conference
For Surveyors, Attorneys, Selectmen, Town Planners, Public Works Officials, Civil Engineers, and related professionals

Roads, Byroads,
Highways, & Byways
Determining Use, Ownership,
Right-of-Way, and Boundaries

Cosponsored by UNH Professional Development and Training
and the New Hampshire Land Surveyor's Association

Approved for CEUs by the New Hampshire Joint Board of Licensure
Approved by the Mandatory Continuing Legal Education Board of Vermont for 15.5 general credits

Wednesday-Thursday, March 16-17, 2005
Holloway Center, UNH Campus, Durham, NH
$325, CRN 25572

Led by Experts in Legal Issues, Surveying, and Boundary Issues

This conference will offer an in-depth examination of the various considerations, controversies, and legalities relating to use, ownership, and right-of-way issues of roads, byroads, highways and byways.

Especially with the number of ancient byways across the country, it can be difficult to determine creation, boundaries, fee vs. easement, alteration, extinguishments, and changes in laws that affect byways and roads. With the variety of records to be examined and the lack of good recordkeeping, the researcher, surveyor, attorney, and landowner face difficult tasks.

This conference brings together some of the foremost experts in the area of ancient highways and related ways. Practicing attorneys and surveyors, who are knowledgable in research, legal aspects, litigation, and boundary location, will focus on investigating roads of various types, litigating issues, and evaluating evidence.

Wednesday, March 16

8:00-10:15 a.m.
New Hampshire Highway Law, Overview and Significant Decisions
New Hampshire highways fall into six classifications. Classes I through III are state maintained highways. Class IV highways consist of all highways situated within the compact sections of cities or towns. Class V highways consist of all other local, traveled highways which a municipality has the duty to maintain regularly. All other public ways, including highways discontinued and made subject to gates and bars, are Class VI highways. Uncertainty over whether a highway is Class V or Class VI is the source of much controversy and disagreement between property owners and municipalities. A road can become a Class V highway by four methods: being laid out according to statute, conveyance as such to a municipality, dedication and acceptance, and use for public travel for 20 years prior to January 1, 1968. The manner in which a Class V highway is created has an important bearing on the relative rights of abutters, the public and the municipality when the highway is discontinued. Only a formal discontinuance by a municipality can legally terminate the public's right to travel on any public way. Through case studies and discussion, this session will cover the legal issues involved in determining the class of any given highway.

Speaker: Paul Alfano is an attorney in New Hampshire and Massachusetts, focusing his practice on real estate, business and estate planning, and tax abatements. He was appointed Legal Counsel for the NH State Senate for the 1992 and 1995-1996 legislative sessions, and has served on various civic, political and professional boards and committees, including the Board of Directors of the United Way of Greater Manchester, the Board of Recount for the City of Manchester, and the Long Range Planning Committee of the NH Bar Association (chairman). He is the author of an article, “Creation and Termination of Highways in New Hampshire,” published in the March, 1990 issue of the NH Bar Journal. He has lectured extensively on various legal topics to professional groups.

10:30 a.m.-12:30 p.m.
Vermont's Sleeping Roads
Owning a home at the end of the road is a dream of many homeowners. In recent years, a handful of diligent researchers of Vermont town records have found that dream to be a myth. There a thousands of miles of forgotten roads in Vermont, awaiting discovery and disappointment. Title searches don't find them; title insurance must, in most cases, stand responsible for them, as any other blemish on title that are matters of record. This session deals with the law of Vermont's ancient roads—how they were created, how the Vermont General Assembly is dealing with them, and how to use Vermont land and other records to document them and locate them on the ground.

Speaker: Paul Gillies is a partner with the Montpelier, Vermont law firm of Tarrant, Marks & Gillies, with a practice that prefers cases involving lines—roads, rights-of-way, town and county lines—to just about anything else. He was formerly Vermont Deputy Secretary of State, and Chair of the Berlin, Vermont Selectboard. He writes a regular column in the Vermont Bar Journal on Vermont judicial and legal history, and co-edited the “Records of the Council of Censors” with Dr. Gregory Sanford in 1991. He never met an old road he didn't like!

1:30-5:00 p.m.
Dealing with Paper Streets
When the developer of a subdivision proposes a street that never gets built, the resulting "paper street" can cause significant title problems for the lot owners. Although the issues can be complicated, there are only three types of rights involved in a paper street: (1) ownership of the fee interest by the developer or his assigns, (2) incipient dedication to the public, and (3) implied easement rights held by the subdivision lot owners. These rights are frequently confused and mistakenly characterized due to misunderstandings of common law and statutory provisions. This presentation details the proper analysis for untangling these issues, together with strategies for establishing or eliminating rights to use paper streets.

Speaker: John Cunningham's practice concentrates on real estate, ranging from residential title examinations to complex commercial lending transactions. He has focused extensively on issues of highway law, roads, and easements, and has considerable experience with condominiums, planned unit developments, and cooperative housing. Mr. Cunningham is a frequent seminar speaker on real estate issues, especially topics concerning roads and easements. He is with the firm of Eaton Peabody in Brunswick, Maine.

8:00 a.m.-12:15 p.m.
Rails to Trails: Transit Corridor Preservation and Real Property Issues
How should a surveyor approach a rail line from a title point of view and a location point of view? The importance of railroads in the settlement and development of the United States was underscored by the powers they were given to acquire land rights in whatever way necessary, whether by land grant, in fee, or as easements. When the trains cease to run, surveyors and others with an interest in land now struggle to determine not only the location of the original rights-of-way, but also the kinds of rights the railroad companies held in corridors now destined for railbanking. We will discuss the problem of abandoned rail lines (from both a legal and a survey perspective), statutes addressing corridor preservation (both state and federal), and the resulting court decisions.

Speaker: Wendy Lathrop is licensed as a Professional Land Surveyor in New Jersey, Pennsylvania, Delaware, and Maryland, and as a Professional Planner in New Jersey. Since 1974, her surveying experiences have covered a broad range of projects in the field and in the office. Wendy regularly speaks throughout the U.S. on surveying issues ranging from boundary to business to technical issues. She is a contributing editor for The American Surveyor Magazine.

1:15-5:30 p.m.
A Surveyor's Consideration of Roads and Ways
The creation, identification and subsequent location of roads and rights-of-way is a regular part of a boundary surveyor's work, which usually culminates in a survey and report used by the landowners and their legal counsel. This discussion of the issues relating to roads and rights-of-way considers the nature of the surveyor's work, the need to properly research the issues and document the findings, and properly report the facts those who would utilize the survey. Particular attention will be given to the following topics: 1) creation of roads and rights of way; 2) locating roads and rights of way including rights-of-way not described by deeds, including various implied easements, and location of rights-of-way with vague or inadequate descriptions; 3) roadways in subdivisions; and 4) extinguishment of roads and rights-of-way. Other related issues will also be addressed.

Speaker: Donald Richards is a land consultant, licensed in surveying and forestry, at Richards, Cranston & Chapman, Inc. He is a native and resident of Maine, and has been practicing in the Rockland, Maine, area for 25 years, specializing in boundary retracement and the resolution of boundary disputes. His education at the University of Maine culminated in a degree in General Forestry with an option in Surveying. He has been active in the Maine Society of Land Surveyors and has served on many of the committees including the ADR committee. He was named Surveyor of the Year by the M.S.L.S in 1997. The Council Of Better Business Bureaus has certified him as an arbitrator, and he has assisted them by arbitrating consumer disputes. He has authored and co-authored several articles on the topic of surveying practice and boundary law and is a frequent speaker at meetings and seminars.

General Information

4 Ways to Register!

By Phone: Call (603) 862-2015 or 1 (800) 313-5327
On the Web, By Mail, or By Fax: Click here

Cost and What’s Included

$325, includes conference materials, continental breakfasts, lunches, Wednesday dinner, coffee breaks, and parking. Cost does not include overnight accommodations.

CEUs

Participants of the two-day conference will be awarded 1.6 Continuing Education Units (CEUs) by the University of New Hampshire, which is the equivalent of 4 Surveyor CEUs issued by the NH Joint Board of Licensure. The conference is approved for CEUs by the New Hampshire Joint Board of Licensure. It is also approved by the Mandatory Continuing Legal Education Board of Vermont for 15.5 general credits. CEUs may also apply to other states. Check with the licensing board or legal education boards in your state.

Refund Policy

Refunds, less a $25 administrative fee, will be given if written cancellation is received at least 10 business days prior to the conference. No refunds after that date.

Location

The conference will be held at the Holloway Center on the UNH Campus in Durham, NH. A map and directions will be mailed with your registration confirmation.

Overnight Accommodations

Accommodations are available at a reduced rate of $99 plus tax (per night) at the New England Center hotel on the UNH Durham campus. To reserve a room, call 1 (800) 590-4334 and mention the “Roads” Conference. Lodging is also available at several other inns, hotels, and motels in the Durham and Portsmouth, NH, areas. For suggestions, call Maura Byrne (603/431-2515) or Barbara Cormier (800/698-5447).

For More Information

About the Conference: Call (603) 431-2515 or send an email to Maura Byrne
About Registration: Call (603) 862-2015 or 1 (800) 313-5327
About More Seminars and Programs for Surveyors and Other Professions: Call (603) 862-4234, or send an email to professional.development@unh.edu, or visit the web at www.learn.unh.edu (Click on Professional Development).

Register Now! Click here.

Click here to request a Conference Brochure

© Copyright 2005 by University of New Hampshire
Comments or suggestions: lac@cisunix.unh.edu
www.learn.unh.edu