Highlights of the 23rd Annual Advanced Real Estate Seminar 2019 (Online Seminar)

MCLE Credits: 8.0
Ethics Credits Included: 1.0

MCLE Credit: 8.0 (Ethics: 1.0)
Live-Interactive Credit: 0.0
Price: $335 (Includes a downloadable audio version.)
Viewable Through: 3/31/2022

Information

A pre-recorded streaming VIDEO replay of select sessions from the March 2019 live seminar, 23rd Annual Advanced Real Estate Seminar. 


Cosponsored with the Real Property Section of the Virginia State Bar

Highlights include:

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.

  • Understanding Inquiry Notice
  • Negotiating Loan Documents
  • 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
 
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Schedule

COURSE TOPICS

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.

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.

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.

Risk Management and Insurance for Real Estate Lawyers
Christie Benet, Anne Hill


This session will consider various ethical issues faced by the real estate practitioner, including the role of attorneys and potential conflicts of interest in real estate transactions, issues relating to confidentiality and disclosure of client information, and unauthorized practice of law concerns in real estate transactions. This session will also consider the various ethical considerations of the intersection between technology, cybersecurity, and the practice of real estate law. From the highly sensitive personal information a real estate lawyer handles to wire transfers to electronic recording of deeds, real estate is constantly evolving and cyber threats are also. The session will be interactive and will include analysis of specific ethical scenarios for group discussion. Professionalism and best practices considerations beyond the baseline ethical requirements will also be discussed.

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?

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?

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.

Faculty

FACULTY

Elizabeth "Libby" Benet, Benet Consulting / Baltimore, MD
F. Lewis Biggs, Kepley Broscious & Biggs, PLC / Richmond
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
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

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