23rd Annual Advanced Real Estate Seminar

MCLE Credits: 8.0
Ethics Credits Included: 1.0

Live on Site: Friday and Saturday, March 1-2 / Williamsburg (Kingsmill Resort)
Registration: 12:00 p.m.
Program: Friday: 1:00 p.m. - Saturday 12:00 p.m.
MCLE Credit: 8.0 (Ethics: 1.0; Title Agent Credit: 8.0 (Title: 6.0; Laws & Regulations: 2.0))
Live-Interactive Credit: 8.0 Live Interactive MCLE Credit Symbol

Information

Why Attend?

HIGHLIGHTS of this educational and entertaining seminar:

  • Understanding Inquiry Notice
  • Negotiating Loan Documents
  • Residential: Lurking in the Weeds—Advanced Covenant Issues
  • Using Condominiums and Owners Associations in Complex and Mixed-Use Developments
  • A Discussion of Risk Management Issues for the Real Estate Lawyer
  • Technology, Data Privacy, and Ethics: Where Confidentiality and Privacy Intersect
  • Reforming the Proffer Reforms
  • Waterfront Property Law:  Riparian Property Rights

Cosponsored with the Real Property Section of the Virginia State Bar

Great topics. Terrific faculty. Exceptional materials. Those who attend usually return every year — what’s the secret? There are additional benefits to attending: A grand resort at which to luxuriate and enjoy much needed time away from the office to gather your wits, socialize, and network with the faculty and other experienced real estate attorneys —all while getting 8 hours of relevant CLE, including 1.0 hour of ethics credit in two half-day sessions.

Preregistering VSB Real Property Section members save $25 on the registration fee!

Learn new skills and refresh others in important areas of the law to make you a better practitioner. This year’s program has a variety of topics that are relevant and timely for real estate lawyers.

Keep current with trends and developments in the law.

Indulge your brain (and your senses). Spend two luxurious days in the company of the best minds in Virginia real estate practice.

"Great speakers. Varied topics. Helpful materials."

"... Cover material in a less demanding fashion with the two 2 half-day sessions."

"The optional dinner provides a pleasant opportunity to visit friends from across the state and make new friends."

"Dynamic speakers. Great resort!"

This seminar is nondiscountable.

 

Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE

Friday

12:00 Registration
1:00 Understanding Inquiry Notice: When Does a Purchaser Take Subject to Unrecorded Interests
James C. Smith


Inquiry notice is a key ingredient of due diligence for persons who purchase real property and who make loans secured by real property. Purchasers who become subject to a duty to inquire are charged with whatever information a diligent investigation would reveal. Physical possession of the property by persons inconsistent with recorded instruments usually triggers a duty to inquire about the possessors’ rights. In addition, the duty to inquire is often triggered by language in recorded instruments that triggers a duty to discover more about the state of title.

2:30 Break
2:40 Concurrent Sessions

I. Commercial:
Negotiating Commercial Loan Documents
F. Lewis Biggs, Christopher B. DeMers


In this breakout session, the panelists will identify and discuss practice tips, legal issues, and negotiation strategies for commercial loan documents, with mock negotiations. One panelist will assume the role and perspective of lender counsel and the other will assume the role and perspective of borrower counsel. The session will address (i) key negotiating points; (ii) issues that are best addressed at the term sheet stage; (iii) the lawyer's role in the process; and (iv) common pitfalls.

II. Residential: Lurking in the Weeds—Advanced Covenant Issues
Karen Cohen, Lucia “Pia” Trigiani

This session will explore recent cases involving challenges where residents confront new uses in adjacent area; where old declarations and HOAs need to be revived; where an equitable scheme of development may apply where there is no covenant; and how to deal with termination or amendment.

3:40 Break
3:50 Using Condominiums and Owners Associations in Complex and Mixed-Use Developments
Robert M. Diamond


The session will discuss the propriety of using condominiums or owners associations to develop complex and mixed-use projects. The presenter will also answer how condominium division of land relates to subdivision and local approvals.

4:50 Break
4:55 Risk Management and Insurance for Real Estate Lawyers
Christie Benet, Anne Hill


This session will focus on how to mitigate risk from both a risk management and an insurance perspective. From the state of current claims to trends in insurance generally, this session will give every real estate lawyer the tools they need to prepare for risk across the board in 2019.

5:55 Adjourn
6:00 Complimentary Cocktail Party — Come join us in the bar for drinks, congeniality, and fun! 
7:00 Optional Dinner with the faculty — purchase ticket when registering

Saturday

7:00 Complimentary Continental Breakfast in the registration area
8:00 Technology, Data Privacy, and Ethics: Where Confidentiality and Privacy Intersect (Ethics)
Elizabeth Burgin Waller, Kellam T. Parks


From the European Union’s General Data Protection Regulation to California’s new data privacy regulations, the concept of “privacy” is on the rise. Data privacy and cybersecurity intersect, but are not the same. This session will focus on how a lawyer’s ethical duties of confidentiality overlap with data privacy. Every real estate lawyer handles personal identifying information that is covered by privacy regulations—do you know what you need to know?

9:00 Break
9:15 Reforming the Proffer Reforms
Shane Murphy


After the dramatic 2016 legislation affecting residential rezonings, applicants and governing bodies encountered issues where litigation concerns stymied debate about mitigating effects. Litigation arose nonetheless. Capital facilities typically provided in the conditional rezoning process evaporated, frustrating governing bodies in new ways. Will the 2019 General Assembly produce a better way forward?

10:15 Break
10:55 Waterfront Property Law:  Riparian Property Rights (an Important Source of Wealth)
Hannah Fruh, James T. Lang


For waterfront property, the “riparian nature of property is often … the greatest element of its value” (Lynnhaven Dunes Condominium Association v. City of Virginia Beach, 284 Va. 661, 673 (2012)). This presentation will explain the nature of riparian property rights in Virginia, how to protect this valuable bundle of rights, tips for practice before the Virginia Marine Resources Commission (VMRC), and will illustrate the topic with examples involving construction of piers and examples involving oyster growing equipment (aquaculture) in Virginia waters.

12:00 Adjourn

Faculty

FACULTY

Elizabeth "Libby" Benet, Benet Consulting / Baltimore, MD
F. Lewis Biggs, Kepley Broscious & Biggs, PLC / Richmond
Karen L. Cohen, Vanderpool, Frostick & Nishanian P.C. / Manassas
Christopher B. DeMers, PesnerKawamoto / Tysons
Robert  M. Diamond, ReedSmith LLP / Tysons
Hannah Fruh, Regent University School of Law / Virginia Beach
Anne  W.  Hill / Richmond
James T. Lang, Pender & Coward / Virginia Beach
Shane  M. Murphy, ReedSmith / Tysons
Kellam T. Parks, Parks Zeigler, PLLC / Virginia Beach
James C. Smith, University of Georgia School of Law / Athens, GA
Lucia Anna Trigiani, MercerTrigiani LLP / Alexandria
Elizabeth Burgin Waller, Woods Roger PLC / Roanoke

MODERATORS

Kathryn N. Byler, Pender&Coward / Virginia Beach
J. Philip Hart, Esq., Genworth, Vice President and Investments Counsel / Richmond
Benjamin D. Leigh, Atwill, Troxell & Leigh, P.C. / Leesburg

Locations, Dates and Fees

LIVE REGISTRATION FEES
(All registrants will receive access to a complete set of downloadable e-book seminar materials.)

The optional dinner at LeYaca has sold out. If you would like to be placed on a waiting list, please email Kim at kvillio@vacle.org.

$375* regular registration (without printed materials).
$445* regular registration plus dinner at Le Yaca (without printed materials). (Dinner option sold out)
$520* regular registration plus dinner and guest dinner at Le Yaca (without printed materials). (Dinner option sold out)

$405 regular registration plus printed materials.
$475 regular registration plus printed materials and dinner at Le Yaca. (Dinner option sold out)
$550 regular registration plus printed materials, dinner, and guest dinner at Le Yaca. (Dinner option sold out)

$350* VSB Real Property Section member regular registration (without printed materials).
$420* VSB Real Property Section member regular registration plus dinner at Le Yaca (without printed materials). (Dinner option sold out)
$495* VSB Real Property Section member regular registration plus dinner and guest dinner at Le Yaca  (without printed materials). (Dinner option sold out)

$380 VSB Real Property Section member regular registration plus printed materials.
$450 VSB Real Property Section member regular registration plus printed materials and dinner at Le Yaca. (Dinner option sold out)
$525 VSB Real Property Section member regular registration plus printed materials, dinner, and guest dinner at Le Yaca. (Dinner option sold out)

$420.00 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program


LIVE LOCATION AND DATES

WILLIAMSBURG / Friday and Saturday , March 1–2
1010 Kingsmill Road (Venue Website / Google Map)
(757) 253-3977

ACCOMMODATIONS

Accommodations are available at Kingsmill Resort at the group rate of $149.00 per night, plus taxes for single or double guestrooms. Book your accommodations on or before Thursday, February 7, 2019,  to ensure availability.

For Online Reservations

Booking Website: Book your group rate for 23rd Annual Advanced Real Estate Seminar

For Call-in Reservations

Attendees may call Kingsmill's toll-free number, 800-832-5665, to make reservations.

The conference reservations office is open Monday-Sunday, 8:30 a.m-7:00 p.m.  Please state you are with the Virginia Continuing Legal Education group when calling.


A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.


Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE® can send a link to the e-book materials.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.

REGISTRATION DEADLINES

To receive access to the downloadable e-book materials BEFORE the seminar AND register for the lower fee, your registration must be received no later than 5:00 p.m. 3 BUSINESS DAYS BEFORE the seminar.  A link to the downloadable e-book materials will be e-mailed to you two business days before the seminar. Once you download the materials, you can review them and print the portions you want to bring with you to the seminar.

After 5:00 p.m. 3 BUSINESS DAYS BEFORE the seminar, only the registration options that include printed materials will be available.


Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.  You will, however, be charged $90 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE®.

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

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