Model Supporting Documents to Easement Transactions

<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.</p>

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.

<p>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, &quot;subordination&quot; 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.</p>

<p>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. A DRAFT OF A NEW EDITION IS BEING OFFERED FOR PUBLIC REVIEW AS OF NOVEMBER 2024. It is suitable for use but won&#39;t be finalized by WeConservePA until interested parties have ample time to review and comment. Send comments to Justin Hollinger, Esq., at jhollinger_at_weconservepa.org</p>

<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>