This program is eligible for 3 hours of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 3.6 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Easements and rights-of-way play a crucial role in determining how real property can be used and developed, but they are often misunderstood or ignored until a dispute arises. Understanding these legal concepts is essential for property owners, developers, and legal professionals alike.
In Pennsylvania, there are several types of easements that can affect a property, each with its own implications for use and ownership.
Key topics to explore include the creation of easements, best practices for drafting and negotiating them, and considerations for title insurance that can protect against potential disputes. Additionally, easement litigation can be complex, with procedural and substantive issues that must be carefully addressed. Knowing how to establish and enforce easements, determine their scope, and handle utility rights-of-way is critical for safeguarding property rights and avoiding future conflicts. With a thorough understanding of easements, property owners and stakeholders can navigate potential challenges and make informed decisions to protect their real estate investments.
Recorded in April 2025.
Faculty
Helen L. Gemmill, Esq.
Ms. Gemmill is a partner with McNees Wallace & Nurick LLC. Her current practice focuses on real estate litigation, including zoning, land development and title disputes. Over her career, she has also litigated business disputes in various areas, including environmental, employment, tax, contract, business tort, insurance and construction law. Ms. Gemmill is a certified federal court mediator for the U.S. District Court for the Middle District of Pennsylvania. She has been a panelist and speaker for many programs on civil litigation, legal ethics, land development and zoning. Ms. Gemmill serves on McNees’ Ethics Committee and has been a leader in developing the firm’s programs and policies to promote the success of women lawyers. She is a graduate of the University of Chicago and received her law degree from Washington University School of Law.
Giuseppina G. McCarthy, Esq.
Ms. McCarthy is a Member within the Real Estate Group at the law office of McNees Wallace & Nurick LLC and also is part of the Firm’s Oil and Natural Gas Group and the Pipeline and Oil/Gas Infrastructure Group. As a member of the Real Estate Group, she represents commercial, developer, industrial and non-profit clients in the acquisition, development, leasing, and sale of real estate. She has substantial experience assisting clients with a wide array of leasing matters, including the leasing of shopping centers, and office, business, warehouse and industrial centers and has lectured several times on retail and office leasing. In addition, Ms. McCarthy represents clients in all aspects of real estate acquisition and sale transactions, from the drafting and negotiation of purchase and sale agreements, to review and analysis of due diligence materials, drafting of transaction documents, and ultimately closing. She also represents real estate investors and lenders, providing support and analysis with respect to real estate issues that may impact the collateral. Finally, Ms. McCarthy’s practice includes the development of residential and commercial condominiums and planned communities. With respect to the Oil and Natural Gas Group and Pipeline and Oil/Gas Infrastructure Group, Ms. McCarthy’s practice includes the representation of midstream operators in pipeline and transportation projects and the resolution of title issues arising from the severance of mineral rights. She also represents landowners in the drafting, negotiation and enforcement of oil and gas leases relating to Pennsylvania’s Marcellus and Utica Shale formations.
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