TerraBites

A short newsletter of bite-size ideas to chew on for Terrafirma owner-member land trusts, released January, February, May, June, September, October and November.

 

Posts tagged boundary

Avoid on the ground pitfalls

Your land trust may be planning to acquire new conservation interests this spring. Initial inspections can be tricky.             

Here are some things to keep in mind when inspecting and investigating properties:

  • Compare surveys, plats and maps with on-the-ground findings and photos. Take note of where property boundaries are and any structures and activities (like mowing lines and debris piles) that are occurring near or on the boundary line. In one Terrafirma claim, a fence encroached a couple feet over the property boundary for 60 years unnoticed by the land trust, despite a survey showing the encroachment.
  • Bring something to measure areas with distances restrictions. Terrafirma has seen violations of square footage limitations missed by staff, or staff assuming the landowner’s measurements are correct. Land trust staff need to independently confirm measurement restrictions.   
  • Investigate any lease and license arrangements to understand the arrangement’s duration and renewability, and the parties’ current understanding of the arrangement. A party may still be using the property even though the arrangement ended, which may effectively renew the arrangement. Such continued use potentially opens the door to adverse possession challenges and could result in a loss of legal title or having to acquiesce to activities that may frustrate conservation purposes.
  • Don’t assume that a structure or use is permitted merely because it existed the first time you visit a property. Because of the elapsed time between the last inspection and the closing date, and a land trust’s relative unfamiliarity with the new property, landowners or neighbors may make last-minute changes.

We’re here to help! If you have any questions, please let us know.

Thanks,
 

Tom Kester
Operations Manager and Secretary
Alliance Risk Management Services LLC
Manager for Terrafirma Risk Retention Group LLC
 
 

Practical Considerations with Boundary Issues

Over the past year, Terrafirma has seen an increase in boundary-related claims like encroachment, trespass and adverse possession. Two recurring themes are that the land trust suspected the violation was occurring for years but had not verified the property boundary line or thought the nominal trespass did not merit filing a Terrafirma claim. Many of these claims, unfortunately, were denied coverage due to being untimely filed. Some of the problems could have been stopped or abated earlier if the land trust identified the boundary lines and acted promptly.  

Terrafirma offers practical considerations for land trusts during monitoring visits to help you identify boundary issues.  

Please contact Leslie Ratley-Beach if you have questions about boundary-related matters.

 

Sincerely,

Tom Kester

Operations Manager and Secretary

Alliance Risk Management Services LLC        

Manager for Terrafirma Risk Retention Group LLC

 

Get off my lawn!

Does your land trust have written policies and procedures for dealing with an encroachment violation? Here is just one example of an action step that your organization can take: Ask neighbors to be your eyes. They can be your most valuable witnesses for up-to-date, firsthand information. For eight more tips on documenting, responding and more, click here.

Still have questions about handling an encroachment, or anything else? Please let us know. You can email us directly or call 202-800-2219 for Lorri, 202-800-2248 for myself or 802-262-6051 for Leslie.

Thanks,

Hannah
 
 

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