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The best defense

They say the best defense is a good offense.  So if someone damages the conservation rights owned by your land trust or seems likely to do so, tell Terrafirma immediately. If it is a covered claim Terrafirma can help initiate a lawsuit to help you protect the public interest in the land.  Remember:  

  1. If a landowner is violating your easement or a neighbor is encroaching on your land, they may never initiate a lawsuit—why should they when they’re getting exactly what they want?
  2. Ignoring violations of easements or trespass could confer impermissible private benefit which could result in the land trust losing its tax-exempt status.
  3. Even if it looks like you are going to resolve the problem, you never know if it might come unstuck and then your Terrafirma claim might be too late.

Take note of trespass and violations early and notify Terrafirma of any possible claims.

We’re here to help! If you have any questions about initiating lawsuits or anything else, please let us know. You can email us directly or call 202-800-2219 for Lorri or 802-262-6051 for Leslie.

November 21st, 2014

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