Clearing Title for Defects Due to Easements, Encroachments, and Survey/Boundary Disputes

Identifying and Resolving Common Title Defects to Ensure Closing the Deal

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, March 24, 2020

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide real estate counsel with a review and discussion on how to identify and resolve title defects arising from property surveys, easements, and encroachments. The program will analyze the various issues that give rise to these common defects and best practices for curing these title defects to close the deal.


The goal of every real estate deal attorney is to ensure a timely and smooth closing of the transaction. Title defects are just one of the many hurdles that transactional attorneys must clear.

While many risks can create an encumbrance or cloud on title, real estate practitioners regularly deal with title defects due to easements and undiscovered encroachments. Similarly, boundary/survey disputes often arise due to conflicting survey reports.

Armed with the knowledge to cure common title defects, practitioners can ensure that they close commercial transactions on time and with few surprises. Title insurance may be an appropriate resolution of certain title defects.

Listen as our authoritative panel of real estate practitioners discusses best practices for identifying and curing title defects arising from easements, encroachments, and survey/boundary disputes.



  1. Easements and encroachments
    1. Access to the premises
    2. Indefinite and unclear easements
    3. Significant encroachments
    4. Setback violation
    5. CC&Rs and equitable servitudes
  2. Survey/boundary disputes
    1. Conflicting surveys
    2. Apparent easements disclosed by survey
  3. Resolving issues with title insurance


The panel will review these and other challenging matters:

  • What are the most common issues related to easements and encroachments on property?
  • What are best practices for investigating and clearing the title?
  • What are practical solutions to easements created in covenants, party wall agreements, driveway and road maintenance agreements, and other potential party problems?


Bresnahan, Victoria
Victoria C. (Vickie) Bresnahan

Meltzer Purtill & Stelle

Ms. Bresnahan concentrates her practice in commercial and residential real estate development, with an emphasis on...  |  Read More

Green, Linda
Linda Green

Commercial Division Manager Multi-State Services
Chicago Title

Ms. Green has over 30 years of experience with Chicago Title and began her career with the company as a commercial...  |  Read More

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