Posts tagged division

Devising to Avoid Divisions

The no division clause in a conservation easement can be crucial. It protects the easement’s habitat and scenic values while promoting wildlife movement. It also avoids land fragmentation, conflicting management and the unnecessary costs and burdens of extra monitoring and enforcement for multiple parcels. Are you using annual monitoring visits to ask the important questions that will help you to determine if this clause could be violated?

Rather than pepper the landowner with questions, try to engage them in a friendly conversation that involves the following:

  • Has the address changed?
  • Has any portion of property been sold, no matter how small?
  • Has any portion of property been given to anyone, even a relative, no matter how small?
  • Has any portion of property been leased, mortgaged, exchanged, or liened, no matter how small?
  • Have you granted rights to anyone, even a relative or neighbor, to anyone else of any kind?
  • Have you changed the name of the owner of the property such as creating a company, partnership or trust of any kind?
  • Have land uses changed in any way?

Explain that the easement addresses divisions, and that understanding the owner’s plans now means no unpleasant surprises down the road – for you and for the landowner.

Have questions? Please let us know. You can email us directly or call 202-800-2219 for Lorri, 802-262-6051 for Leslie, or 202-800-2248 for myself.

Thanks,
Hannah

Hannah Flake

Conservation Defense Associate

ALLIANCE RISK MANAGEMENT SERVICES LLC

(202) 800-2248 | help@terrafirma.org

 

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Keeping the promise

A recent win in court for Three Valley Conservation Trust (Ohio) could help land trusts in other states as we all work together to uphold conservation permanence.

The case involved two siblings, James and Janis Taylor, who sold a conservation easement on their family farm to Three Valley Conservation Trust. The easement prevented any division of the farm. However, when Janis wanted James to buy her out, James asked the court to let him divide the property despite the restrictions, and the judge sided with him.

Three Valley Conservation Trust successfully appealed the decision with the help of Terrafirma, the Land Trust Alliance, Coalition of Ohio Land Trusts and American Farmland Trust. On appeal, the court sided with the land trust and Janis, stating that restricting division of the property is consistent with current law.

This is a great example of land trusts and their allies working together and it is an important decision with national ramifications. Read more about the case here.

We’re here to help! If you have any questions about divisions or anything else, please let us know. You can email us directly or call 202-800-2219 for Lorri, 202-800-2248 for Hannah, or 802-262-6051 for Leslie.

Thanks,
Hannah

Hannah Flake

Conservation Defense Associate

ALLIANCE RISK MANAGEMENT SERVICES LLC

(202) 800-2248  |  help@terrafirma.org

 

Hungry for more TerraBites? Check out our LinkedIn

 

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Collectively upholding conservation permanence

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