Tools for Deal-Making

Donation Agreements

A donation agreement may be used to ensure that a donor’s promise can be relied upon, set the expectations of both donor and donee, and prevent misunderstandings.

Last Modified
Mar 14, 2023
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85741 times

Gift of a Future Interest in Real Estate

Reserved Life Estates Keep Owners in Control During Their Lifetimes

Landowners can convey a future interest in real property to a conservation organization or government but continue to live on or otherwise enjoy using the property during their lifetimes. If the property is a personal residence or a farm, a donation of a future interest can generate immediate tax benefits.

Last Modified
Jun 21, 2024
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53314 times

Negotiation Tips

Links to resources that provide advice land trusts can use for successful negotiations with landowners.

Last Modified
Oct 24, 2018
Viewed
2990 times

Option to Sell (Put Option)

An option to sell may be used to assure that a property acquisition can be undone if expectations are not met.

Last Modified
Jan 17, 2023
Viewed
8758 times

Purchase and Sale Agreements for Conservation Projects

Guidance and Sample Provisions

Acquisitions of land and easements for conservation purposes can involve issues different from other real estate transactions. This guide looks at purchase and sale agreements in general and then reviews potential customizations that may be made to these agreements to specifically address conservation matters.

Last Modified
May 01, 2024
Viewed
11241 times

Purchase Options

Gaining the Right Without the Obligation to Acquire Property Interests

A purchase option is a right to purchase or lease land or other property interests without any obligation to do so.

Last Modified
Aug 31, 2022
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57886 times

Reversionary Interest

A landowner concerned about the future use of their land can donate or sell their land on a conditional rather than absolute basis. The deed used to convey the land can include terms that will trigger a change in ownership back to them—or some other person or entity assigned by them—if use of the land falls out of compliance with the conditions set in the conveyance.

Last Modified
Aug 30, 2022
Viewed
104946 times

Right of First Offer and Right of First Refusal

A landowner may not be ready to sell their property but may be willing—if and when they are ready to sell—to provide an organization with the opportunity to purchase the property before it is sold to another. The opportunity more specifically may be for the organization to accept or make an offer on the property before it is placed on the market, to negotiate with the owner before it is exposed to the market, or to match the offer of a third-party buyer after the property has been on the market. To legally commit to providing one or more of these opportunities, the owner grants the organization a right of first offer or right of first refusal.

Last Modified
Aug 18, 2022
Viewed
120665 times

Trail Easements

A property owner may convey to others the rights to create, maintain, and use a trail on their property without giving up ownership and enjoyment of the land through which the trail passes.

Last Modified
Sep 29, 2022
Viewed
54091 times

What Is a Land Trust?

Simply stated, a land trust is a charitable organization that acquires land or conservation easements, or that stewards land or easements, for conservation purposes. However, this simple definition leaves much to be explained.

Last Modified
Jul 01, 2021
Viewed
52392 times