Doing Deals

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.

<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>

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.

This presentation focuses on conservation efforts in urban communities

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.

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.

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.

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.

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.

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.

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]

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

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.

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.