Doing Deals

Beneficiaries and Backup Holders: Providing Third Parties With Rights but Not Responsibilities Regarding Conservation Easements

2024
A grant of conservation easement may provide one or more rights to a party other than the landowner and holder of the easement, in accordance with the needs and wishes of those involved with the easement transaction. Unlike for the easement holder, such rights received by the “beneficiary” do not come with obligations. WeConservePA guide. 6 pages.
Last Modified
Jan 29, 2024
Viewed
657 times

Closing: Finalizing the Real Estate Transaction

2024
<p>At closing, the transfer of the real estate interest, whether land, easement, or other interest, is completed. This guide helps users organize and expedite the closing. WeConservePA guide. 8 pages.</p>
Last Modified
Aug 27, 2024
Viewed
7226 times

Co-Holding Conservation Easements: Considerations for Good Management and Conservation Outcomes

2024
A conservation easement may be granted to multiple entities. These holders of the easement are then each responsible for upholding the easement’s conservation objectives. The respective roles of the holders and their relationship to one another must be carefully delineated to achieve effective easement management and minimize potential conflict. WeConservePA guide. 10 pages.
Last Modified
Jan 29, 2024
Viewed
6034 times

Conservation in Urban Communities

2009
Organizations/Sources: Heritage Conservancy
This presentation focuses on conservation efforts in urban communities
Last Modified
Jul 03, 2019
Viewed
4652 times

Doing Deals: A Guide to Buying Land for Conservation

1995
Organizations/Sources: The Trust for Public Land
Doing Deals introduces the basic real estate, financial and strategic principles used by land trusts to purchase land for conservation. It provides basic information on how to: develop a strategy for acquiring a property, pull together all the information necessary to understand the project and players, understand the process and feel comfortable working within it, know when to seek help, and know how to effectively deploy others. The book includes strategies on how to negotiate a land conservation deal.
Last Modified
Nov 05, 2015
Viewed
7425 times

Donation Agreements

2023
Authors: Andrew M. Loza
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. WeConservePA guide. 7 pages.
Last Modified
Mar 14, 2023
Viewed
9243 times

Gift of a Future Interest in Real Estate: Reserved Life Estates Keep Owners in Control During Their Lifetimes

2024
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. WeConservePA guide. 8 pages.
Last Modified
Jun 21, 2024
Viewed
6030 times

Installment Agreement

2024
The seller of real estate may finance the buyer’s purchase of a property. An installment agreement requires the buyer to pay the seller the purchase price in installments over time. Both the buyer and the seller may benefit from such an agreement. Payment amounts and timing can be structured in an infinite variety of ways and tailored to best meet the needs of both parties. WeConservePA guide. 7 pages.
Last Modified
Jan 09, 2024
Viewed
6083 times

Model Grant of Right of First Refusal

2022
Authors: Andrew M. Loza
If an owner intends to accept an offer for the purchase of his or her land, the holder of a right of first refusal has the opportunity to purchase the land at the price and terms offered by the prospective buyer. If the holder of the right declines to purchase on those exact terms, the owner is then free to sell to the prospective buyer. If an owner is willing to commit to providing such a right to an organization, this model is a tool to document and ensure the enforceability of the commitment.
Last Modified
Aug 23, 2022
Viewed
15809 times

Option to Sell (Put Option)

2023
Authors: Andrew M. Loza
An option to sell may be used to assure that a property acquisition can be undone if expectations are not met. WeConservePA guide. 2 pages.
Last Modified
Jan 17, 2023
Viewed
5954 times

Purchase and Sale Agreements for Conservation Projects: Guidance and Sample Provisions

2021
Authors: Andrew M. Loza
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. [Print version of ConservationTools.org guide]
Last Modified
Jan 30, 2021
Viewed
3137 times

Purchase Options: Gaining the Right Without the Obligation to Acquire Property Interests

2022
Authors: Andrew M. Loza
A purchase option is a right to purchase or lease land or other property interests without any obligation to do so.
Last Modified
Aug 25, 2022
Viewed
7245 times

Reversionary Interest

2012
Authors: Andrew M. Loza
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 27, 2022
Viewed
7328 times

Right of First Offer and Right of First Refusal

2022
Authors: Andrew M. Loza
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. WeConservePA guide. 5 pages.
Last Modified
Aug 18, 2022
Viewed
8832 times