Access and right of way (“ROW”) demands are still increasing in both claim volume and severity. Please file a placeholder claim with Terrafirma at the first instance of learning about an issue. Overly broad ROWs increase litigation risk for your land trust. While a ROW might seem benign, especially if there is an existing dirt track or even a road, the problems associated with ROWs are numerous and serious not the least of which are adverse conservation impact, unexpected expansion of use and impermissible private benefit. There is no requirement to agree to a ROW. Prescriptive easements are difficult to prove and at most only permit the existing use not expanded uses. Due diligence and documentation is critical. ROWs should be a last resort when there are no other options and the likelihood of losing a court challenge is high. Any ROW must be strictly limited. Please reach out to Leslie Ratley-Beach with questions.

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