Challenge

Definition

Violation

includes prohibited structures and uses, excessive recreational activity (such as all-terrain vehicles), surface alteration, timber harvest, and dumping, violation of a management plan and anything else that explicitly violates the stated terms of a conservation easement

Trespass

includes actions by third parties (neighbors, developers, government and so forth) such as vegetation removal, structural encroachment, fences, topography change and so forth.

Litigation Notice

when you receive written notice that a lawsuit has been filed against the land trust

Verbal or Other Threat of Violation or Trespass

includes threats to violate the conservation easement or trespass on fee land or conservation easement

Disregard of Easement Obligation

this is a catch all section for when a legal challenge does not fit into any other category for example transfer of water rights on paper to a holding company that technically disregards the no severance provision of the conservation easement but functionally retains the water rights in the same ownership

Mediation or Arbitration Notice

when you receive written notice of mediation or arbitration action

Adverse Claim of Legal Right

including adverse possession, contest by heir, boundary challenge, etc.