Terrafirma is seeing an increase in extinguishment demands by successor owners and third parties. These extinguishment demands are often based on bad faith allegations of hardship, negligence or deceptive practices.
We are also seeing these demands increase because of changes to the land resulting from extreme and unusual weather. They use this as an excuse to attempt to eliminate conservation easements and even to justify trespassing on preserves. The Land Trust Alliance recently published two new Practical Pointers to help land trusts adapt to changing conditions when drafting easements and when administering all conservation holdings.
Here are some additional risk mitigation steps that your land trust can take:
We're here to help! If you have questions, please contact us at .
P.S. Remember to submit your Terrafirma application for the 2022 policy year by Tuesday, Feb. 1!