There’s nothing funny about easement division violations. No-division clauses prevent a number of issues including land fragmentation, enforcement complications, damage to the easement’s habitat and scenic values, and barriers to wildlife movement. Proactive monitoring can keep your easements from cracking apart.

Here are some common division problem areas to look out for:

• Partition of tenancy in common
• Foreclosure of a mortgage encumbering a part of the easement property
• Tax foreclosure of part of the easement property comprised of multiple tax parcels
• Bankruptcy rejection of an executory contract
• Landowners adjusting the boundaries in violation of the easement

 Have questions? Please let us know. You can e-mail us directly or call 202-800-2248.

Thanks,
Hannah

Each year Terrafirma sees an increase in claims. If you have already submitted one, you’re in good company – 281 other land trusts have too, or over half of Terrafirma members.

Accredited land trusts are the most likely to submit a claim. You don’t have to be accredited to be in Terrafirma, but 68% of members are.

Terrafirma received 204 claims for the 2018 policy year, up from 182 in the 2017 policy year. The 2018 grace period for submitting claims ended on April 30. Not sure when to file, or if you need to? You can see our handy primer here, and reach out with questions at any time.

Terrafirma members are doing their job by diligently monitoring issues and submitting them to Terrafirma in the claims year that they were first discovered. Thank you all for submitting your claims, and keep up the good work!

We’re here to help! If you have any questions, please let us know. You can e-mail us directly or call 202-800-2248 for Hannah or 802-262-6051 for Leslie.

Thank you,

Hannah

Note: The process to close a claim has changed since this post was written in 2019. Instead of sending an e-mail, please update the status of your claim online to let the ARMS team know that you are ready to close the claim.

When you file a claim at www.terrafirma.org, you’ll see two options – one for a “placeholder” claim, and one that just says claim. Do you know the difference? You’ll want to know by 4/30, which is the deadline to file claims under your 2018 Terrafirma policy.

While both a claim and a placeholder claim satisfy the requirement to give notice to Terrafirma, a placeholder claim is not automatically evaluated and brought before the Terrafirma Claims Committee. 

When you file a placeholder claim, you’ll receive an e-mail every quarter asking for an update status on the claim. When you want to close the claim or have it seen by the committee, all you have to do is send an e-mail. There’s no need to switch status from placeholder claim to normal claim, or to re-file.

Don't wait until you have to hire a lawyer to file a claim. File a placeholder claim right away to make sure that if you need to switch the status to a normal claim, you can. Remember, if you don’t file 2018 policy year claims by 4/30, you will not be able to file them later.

We’re here to help! If you have any questions about when to file a claim, please let us know. You can email us directly or call 202-800-2248 for Hannah or 802-262-6051 for Leslie.

Thank you,

Hannah

Conservation Defense Coordinator
ALLIANCE RISK MANAGEMENT SERVICES LLC
(202) 800-2248  | 

I’m sure you have heard that communication is the key to success. When it comes to resolving a Terrafirma claim, four groups must communicate well with each other: the member land trust, its attorney, the Claims Committee, and support staff for the Claims Committee.

Everyone wants an efficient and effective resolution. This starts with an early exchange to identify top issues and outline the options available to resolve the claim and uphold conservation permanence. As the claim progresses, frequent communication between all parties is crucial so that any problems or different points of view can be discussed right away. For especially tricky issues, the Claims Committee steps in to offer guidance.

The simple takeaway? Stay in touch!

Speaking of reaching out, have any questions? Please let us know. You can email us directly or call 802-262-6051 for Leslie, or 202-800-2248 for myself.

Thanks,

Hannah

Hannah Flake
Conservation Defense Coordinator
ALLIANCE RISK MANAGEMENT SERVICES LLC
(202) 800-2248  | 

The number 13 is supercool. It's the smallest "emirp" – a prime number that forms a different prime in reverse. And who doesn't love a "baker's dozen" of 13 delicious baked goods? It's also the number of eligibility questions that Terrafirma asks.

The 13 eligibility requirements must be fulfilled before your organization can join Terrafirma. If you are already a Terrafirma member and you are updating your application, you may be used to checking off "yes" to all of these without reading through.

This year, remember to revisit those eligibility requirements and make sure that you still satisfy all of them.

Please also remember:

• If you are awaiting your February accreditation decision, whether first time or renewing, don't hit that submit button just yet! Please fill out your application and then hit "submit" once your decision is received. There is an $11/parcel accreditation discount that we don't want you to miss.
• Please send your check to Marsh's new address:

                 Jeremy Johnston, Account Administrator 
                 Marsh Captive Solutions 
                 Terrafirma RRG LLC
                 PO Box 530
                 Burlington, VT 05402-0530

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

Thanks,

Hannah

Hannah Flake

Conservation Defense Coordinator

ALLIANCE RISK MANAGEMENT SERVICES LLC

In just four short days it will be the new year, and with it comes a new policy period for Terrafirma insurance. Through February 1, 2019, you can log on and update your application for the 2019 policy period that begins on March 1, 2019. Land trusts in the accreditation pipeline who are waiting for their decision in February will receive an extension.

Before you update, we recommend that you take a few minutes to review the counting rules for your properties, including:

• Separate easements held by the same land trust can be counted as just one property for Terrafirma as long as they have the same owner, same restrictions and permitted uses, and are contiguous.
• Different parcels under the same easement can count as one property, even if it’s not contiguous, as long as they have the same landowner and the same land trust.
• If you want to insure property within a certain category of property right (conservation easement, trail easement, fee land, etc.), you must list every parcel within that category.

See last month’s Terrabite here (set link https://terrafirma.org/blog) for more counting tips.

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 Coordinator

ALLIANCE RISK MANAGEMENT SERVICES LLC

(202) 800-2248 |

As you prepare for the holidays next week, buying your turkey (or Tofurky) and pie, remember what else is coming up: the Terrafirma application period that is just around the corner. Starting December 1, you will be able to log on and update your application for the 2019 policy period that begins on March 1, 2019.

Before you update, we recommend that you take a few minutes to review the counting rules for your properties, including: 

• Parcels with different owners must be listed separately. This is because the more the easement is spread across separately owned parcels, the greater the risk that you’ll have a lawsuit. Therefore, Terrafirma spreads that risk with additional premiums based on the number of separate landowners. 
• Following that rule, if a property listed as having one owner is then divided into multiple parts with multiple owners, each piece would become an individual parcel under your Terrafirma policy.
• If you have any questions or think you have a special case, please reach out to Terrafirma and e-mail a map of the property to

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 Coordinator
ALLIANCE RISK MANAGEMENT SERVICES LLC
(202) 800-2248 | 

Terrafirma is a unique insurance company – a nonprofit, member-owned risk retention group, created specifically to help land trusts. Being so different can lead to some confusion. We'd like to address a few common questions and misconceptions:

• You must file a claim when you first learn of the incident – not when litigation starts. For example, if a land trust discovers a trespass involving cut trees in January of 2019, but waits until after April 30 (the end of the 2018 grace period for filing claims) to file the claim, they will likely be barred from coverage for not reporting in time.
• The policy year is not the same as the calendar year – it is March 1 to March 1. There is a 60 day grace period at the end of each policy period.
• Rates won’t go up because you filed a claim. Claim history and rates are completely independent - $63 per parcel for everyone, minus any discounts.
• A placeholder is a full claim, and there is no need to re-file the claim to be heard for a coverage determination. Just send us a quick e-mail! See more information on placeholder versus regular claims here.
• Everything is online except for payments, which must be sent in via check. We use check payments for maximum security and cost efficiency.

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 | 

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