Uptick in extinguishment demands

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:

  • Ensure that you have ample insurance coverage (Terrafirma, title, general liability and directors and officers).
  • Carry out community outreach so that folks of all persuasions see you as an important ally.
  • File a Terrafirma claim at the first mention of hiring a lawyer, filing a lawsuit, demanding extinguishment/boundary adjustment by a landowner or neighbor, or any other possible damage or challenge. If you are not certain, then be safe and file a placeholder claim.

We're here to help! If you have questions, please contact us at .



Hannah Flake
Conservation Defense Specialist
(202) 800-2248  |  

P.S. Remember to submit your Terrafirma application for the 2022 policy year by Tuesday, Feb. 1!


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