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.
Terrafirma is seeing more right of way (ROW) disputes. Here are some things to keep in mind:
- Increasingly third parties are unilaterally expanding and creating ROWs without discussing it first with land trusts and landowners. These uses can have adverse conservation consequences. Here are some examples: improving old grassy track ROWs into paved roads; creating brand new ROWs and allowing third parties to use the ROWs, sometimes for unenumerated purposes.
- More challenges by third parties who may have intermittently used an existing dirt road to obtain legal prescriptive access rights also are on the increase. Don’t assume that silence by these parties to your cease and desist equates to acquiescence. It usually indicates that they are preparing litigation.
- Be sure to timely file claims regarding any demands regarding access.
- Increasingly third parties usually seeking to develop adjacent land are demanding access across conservation land. While this might seem benign especially if there is an existing dirt track or even a road, the problems associated with ROWs are numerous and serious not the least of which is adverse conservation impact and impermissible private benefit.
- ROW litigation is steadily on the rise to expand existing ROW that have vague or nonexistent written agreements.
- Land trusts need to do their due diligence and investigate if ROWs legally exist and under what terms. Historical or currently unused ROWs could still be used at any time.
- Remember, it is the land trust’s responsibility to include ROW locations in easement documents so that they can be identified in the field per Standard 9D.
We’re here to help! If you have any questions, please let us know.
Terrafirma wants to cover claims but needs you to file the claims on time. Sometimes it seems different from how stewardship staff approach problem resolution. You can think of it as a separate track from your resolution process that requires immediate notification to Terrafirma at the first indication of a possible problem, even if trivial, uncertain or just barely amiss, in the policy year in which you knew or should have known of the possible problem.
The policy year is not the same as the calendar year — it is March 1 to March 1, plus a 61-day grace period that ends April 30. All claims must be filed within the policy year in which the problem first started (even if it’s trivial or uncertain) or coverage for the claim is jeopardized.
Terrafirma recently created a timely claim filing video explaining why it’s important to file claims on time. After a land trust files a placeholder claim, you continue to work with your landowner or neighbor to find an amicable resolution without any involvement from Terrafirma (unless the land trust asks). Filing claims with Terrafirma does not affect your premium, coverage, cost sharing or your ability to renew your policy, nor does it obligate you to proceed with the claim! If in doubt, please file a claim or contact us at help@terrafirma.org.
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
PS: If you loved the stewardship breakfast and roundtable at Rally in Portland, then you will want to attend the new follow-up online discussion on March 21. Join us to discuss the most pressing stewardship issues for lasting conservation facing you and your peers.
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When filing a claim with Terrafirma, timing is crucial. For example, say that you are performing annual monitoring and see that the neighbor is encroaching onto easement property. You would flag it on the monitoring report, then the next step would be to file a claim with Terrafirma. It can take years for an issue to escalate to the point that it requires legal intervention. If you waited until then to notify Terrafirma, the claim would likely be denied because it was not filed in time.
In order for a claim to be eligible for coverage, it must be filed with Terrafirma within the policy year that you or anyone else at the land trust first became aware of the issue. The policy year is not the same as the calendar year – it runs from March 1 of the start of the policy year to March 1 of the next year, plus a 60 day window for filing claims. Filing a claim is quick, easy, and does not affect the cost of your premium. See our handy infographic here for more tips on when to file.
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 | 
Hungry for more TerraBites? Check out our LinkedIn
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P.S. Will you be attending Rally on October 11-13? Seminars 6 and 15 and Workshops A01, A13, B01, B09, D02 and F06 qualify for the Terrafirma Risk Management discount. Remember to sign in on the Terrafirma attendance sheet to make sure you get credit!
