Don't Crack Up

There’s nothing funny about easement division violations. No-division clauses prevent a number of issues including land fragmentation, enforcement complications, damage to the easement’s habitat and scenic values, and barriers to wildlife movement. Proactive monitoring can keep your easements from cracking apart.

Here are some common division problem areas to look out for:

• Partition of tenancy in common
• Foreclosure of a mortgage encumbering a part of the easement property
• Tax foreclosure of part of the easement property comprised of multiple tax parcels
• Bankruptcy rejection of an executory contract
• Landowners adjusting the boundaries in violation of the easement

 Have questions? Please let us know. You can e-mail us directly or call 202-800-2248.

Thanks,
Hannah