Accepting Conservation Easement Assignments
About This Legal Opinion
This guidance document discusses the specific steps when accepting assignment of a conservation easement.
Membership Required
This resource is a Land Trust Alliance member benefit for the staff, board and volunteers of land trust and affiliate member organizations, and Alliance donors at the Protector level.
Using Estoppel Affidavits with Conservation Easement
The article discusses that having an Estoppel Affidavit signed by the landowner can be a useful tool when receiving an assignment of an existing conservation easement.
Conservation Easements and the Doctrine of Merger
Under the common law doctrine of merger, an easement will be extinguished when the easement holder becomes the fee title owner of the property subject to the easement. The applicability of the doctrine of merger to conservation easements, however, is a matter of state law and will vary by jurisdiction.
Preacquisitions
Checklist to Evaluate New Land Trust Owners
If the land trust decides that land it owns should be transferred or exchanged with another entity, it must carefully evaluate the potential recipient.
Alternative Dispute Resolution for Conservation Easement Disputes
This resource outlines key considerations when weighing mediation or arbitration as tools for conservation easement disputes.