Easements, Boundaries and Encroachments in the Title Insurance Context

  • September 12, 2017
  • 12:00 PM - 1:00 PM
  • Gray Plant Mooty 80 South 8th Street 500 IDS Center Minneapolis, MN 55402


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Easements, Boundaries and Encroachments in the Title Insurance Context

Beginning with a discussion of marketability of title, as established in City of N. Mankato v. Carlstrom, 2 N.W.2d 130, 133 (1942) and Mattson Ridge, LLC v. Clear Rock Title, LLP, 824 N.W. 2d 622, 628 (2012), as a benchmark, we will address easements (including adverse and prescriptive interests pursuant to MN Stat. § 541.02 and Ehle v. Prosser, 197 N.W.2d 458, 462 (1972)), survey matters including boundary discrepancies and defects (as addressed by Daly v. Duwayne Const. Co., 106 N.W.2d 631, 636 (1960)), access problems that commonly arise.  We will conclude with encroachments, contested boundaries, variable boundaries, and establishing a boundary by practical location pursuant to Pratt Inv. Co. v. Kennedy, 636 N.W.2d 844, 849 (Minn.App., 2001).

Presented by: Chad Novak

Chad Novak is Underwriting Counsel with Commercial Partners Title in Minneapolis, where he provides underwriting direction and performs risk analysis on commercial real estate transactions on a national scope.  He joined the company in 2015, following nine years with a national underwriter where he held positions including national claims counsel, national underwriting counsel and division manager. 

He is a licensed attorney in both Minnesota and Wisconsin, and is active in the Minnesota Land Title Association, the Minnesota State Bar Association, the Hennepin County (MN) Bar Association, and several commercial real estate associations, as well as being a regular CLE presenter.  Prior to obtaining his law degree from Marquette University Law School, Chad spent several years working as a banker, loan officer and credit manager for two major national financial institutions.  He holds a BA in Germanic Languages and Literature from the University of Kansas. 


1 CLE Credit has been applied for.

Please let us know if you need a certificate when you RSVP.

Please register no later than Friday, September 8, 2017. This meeting will be held in person and via Go To Meeting. Please include your preference of attendance when you RSVP. Room space is limited to 20 in person attendees. The Go To Meeting login will be sent to attendees prior to the meeting. A Go To Meeting call in number is also available.* Please contact Lesa Eastman with any questions:  

We also have availability for video conference at the Gray Plant Mooty office in St. Cloud, please contact Lesa Eastman if you are interested in attending via video conference in St. Cloud

Cost: FREE (MPA Members) - $10 (Non-Members)

*Please note: MPA is no longer using Pioneer Conferencing. If you have trouble logging into Go To Meeting, please check out the Attendee User Guide from Go To Meeting.

Co-Chairs: Jennifer Anderson and Lesa Eastman

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