Model Compliance Statement with Commentary

A prospective buyer of eased land may want the owner of the land to provide them a guarantee that the easement holder won’t pursue claims against them for violations that predate their interest. A mortgage lender may want a guarantee that there are no violations that could jeopardize payback of their loan. The assurance needed could be achieved by the easement holder providing an estoppel certificate; however, this is problematic. The Model Compliance Statement is generally the appropriate and responsible response to a request for assurance.