The no division clause in a conservation easement can be crucial. It protects the easement’s habitat and scenic values while promoting wildlife movement. It also avoids land fragmentation, conflicting management and the unnecessary costs and burdens of extra monitoring and enforcement for multiple parcels. Are you using annual monitoring visits to ask the important questions that will help you to determine if this clause could be violated?
Rather than pepper the landowner with questions, try to engage them in a friendly conversation that involves the following:
Has the address changed?
Has any portion of property been sold, no matter how small?
Has any portion of property been given to anyone, even a relative, no matter how small?
Has any portion of property been leased, mortgaged, exchanged, or liened, no matter how small?
Have you granted rights to anyone, even a relative or neighbor, to anyone else of any kind?
Have you changed the name of the owner of the property such as creating a company, partnership or trust of any kind?
Have land uses changed in any way?
Explain that the easement addresses divisions, and that understanding the owner’s plans now means no unpleasant surprises down the road – for you and for the landowner.
Have questions? Please let us know. You can email us directly or call 202-800-2219 for Lorri, 802-262-6051 for Leslie, or 202-800-2248 for myself.
Conservation Defense Associate
ALLIANCE RISK MANAGEMENT SERVICES LLC
(202) 800-2248 |
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