Posts tagged monitoring

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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Discovering divisions

When your stewardship staff or volunteers conduct their annual monitoring visits, they probably ask the landowners questions before the visit, or fill out answers while they’re onsite. But are they asking the important questions that will help you to determine if there could be a division of property resulting in a violation of the conservation easement, or other threat to it?

Words like “subdivide” can be confusing to people who aren't familiar with technical legal terms. So here are some simpler ways to phrase the question:

  • “Have you signed anything or agreed to any division of your land, even a tiny piece of it and even if you didn’t get paid?”
  • “Have you agreed to give rights of any kind to anyone else over your land?”

Asking this can help you to be sure that you’re on top of any potential legal issues that may be brewing.

Have questions? Please let us know. You can email us directly or call 202-800-2219 for Lorri or 202-800-2248 for myself. Leslie will be out on sabbatical through September 11.

 

Thanks,
Hannah

P.S. Planning your 2018 budget? Terrafirma will have its first ever slight price increase of $3 per parcel starting with the 2018 policy - see more information here.

 

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