Model Supporting Documents to Easement Transactions

<p>What considerations guide a conservation easement holder&rsquo;s processing of a landowner&rsquo;s request for the holder to: approve an action subject to the holder&rsquo;s review; waive the holder&rsquo;s right to enforce one or more restrictive covenants in a temporary accommodation to the owner; or interpret the terms of the grant of easement as applied to a particular situation? This guide provides direction for responding to landowner requests. A complementary publication, the <a href="https://library.weconservepa.org/library_items/2408-Model-Policy-for-Acting-on-Owner-Requests-for-Review-Waiver-and-Interpretation">Model Policy for Acting on Owner Requests for Review, Waiver, and Interpretation</a>, in addition to the policy, includes a template&nbsp;for communicating holder decisions. WeConservePA guide. 6&nbsp;pages.</p>

The Model Assignment of Grant of Conservation Easement and Declaration of Covenants with Commentary is a tool for transferring conservation easements and associated responsibilities, as well as related documents and stewardship funding, to other responsible organizations.

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.

When a mortgage precedes an easement on a property, the possibility that one day the mortgage could be foreclosed poses a threat to the continued existence of the easement unless the holder of the mortgage signs an agreement that allows the easement to survive a foreclosure. In addition, "subordination" is necessary if a tax deduction will be sought for an easement donation. This model legal document provides a vehicle to satisfy both of these issues. Be sure to download both the model and the commentary.

The Model Conservation Easement Donation Agreement helps land trusts avoid getting stuck with unreimbursed major expenses if a would-be easement donor walks away from a project. It outlines the steps to completing a project and the responsibilities of the land trust and donor. It also helps the parties avoid common misunderstandings.

<p>The Model Stewardship Funding Covenant&nbsp;is a tool for making funding arrangements for&nbsp;conservation easement stewardship that are both affordable to landowners and adequate to cover the easement holder&#39;s stewardship expenses in the long run. With the model, landowners can stretch a financial commitment over time, either deferring their intended contributions to future dates respectful of&nbsp;their financial situation or extending payment obligations to future owners of the land. The model offers a variety of financial&nbsp;arrangements, from installment payments to private transfer fees, in support of conservation. Download and review both the model and the commentary.</p>