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 easement drafting

Spring clean your easement language

Spring is a time of renewal in nature – and might be a good time to take a fresh look at the language your organization uses when you draft easements. Click here to see our new drafting pointers for risk balancing in conservation easements. In four information packed pages we give tips to help you avoid legal trouble and audits down the road, protecting land for many seasons to come.

We’re here to help! If you have any questions about easement drafting 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.



P.S. Don’t forget to have any lingering claims filed by April 30, when the 2016 grace period will close! To file a claim for 2016, go to your welcome screen and click on “Submit a Claim” on the menu on the left side of your screen. You should see a dropdown menu that allows you to pick 2016 or 2017 for the policy year.


Whose Bill Is It Anyway?

It is a common misconception that the losing side of a lawsuit pays the legal costs for both sides. In fact, the general rule in the U.S. is that each party pays its own fees. But carefully worded conservation easements can prevent land trusts from incurring excessive legal costs when defending lasting conservation.

When drafting an easement, one can include a clause saying that in case of a lawsuit, the landowner pays for all legal fees, including all experts, attorneys and costs. Since the land trust is responsible forever for upholding the public interest in the land and is a charity, this is an equitable arrangement. Be sure to talk to your attorney and read this practical pointer for more details.


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