Law of Easements: Legal Issues & Practical Considerations in KY

We will discuss some of the different categories of easements, e.g. the difference between easements appurtenant and easements in gross or the various types of utility easements. We will discuss the various ways easements may be created, e.g. by express grant, by necessity, by dedication on a plat, dedication by written instrument, by eminent domain, by implication. We will also discuss the scope of the easement. We will discuss the various ways easements can be terminated, such as abandonment, express termination, expiration of term. We will discuss the eminent domain process, in particular how a proper and good survey is critical to successful completion of an acquisition of an easement by eminent domain. We will discuss the various methods an owner of the easement may enforce his or her rights.

Christopher C. Wischer is an partner at Bamberger, Foreman, Oswald and Hahn, LLP in Evansville, Indiana where he is the chair of the firms Commercial Real Estate Section. He graduated from Transylvania University with the B.A. in Finance and Computer Science in 1993. He graduated from the University of Kentucky College of Law in 1996. He was admitted to the Kentucky Bar Association in 1996 and the Indiana Bar Association in 1997. He is also admitted to practice in the United States Circuit Court, Seventh Circuit, and the United States Districts Courts in Kentucky and Indiana. His practice areas include commercial real estate development, land use and zoning, rightof way acquisition, and municipal law. He is currently the Vice President of the Indiana Chapter of the International Right of Way Association. He has given numerous presentations and speeches on a wide variety of real estate and government topics, most recently presenting a seminar on ALTA surveys to the Evansville Bar Association.