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.
See the guide "Estoppel Certificates, Compliance Letters, and Conservation Easements" for more guidance. Justin Hollinger, Esq. and Andrew M. Loza authored this guidance with early contributions to the endeavor by Patricia L. Pregmon, Esq.
