Balancing Risk on Conservation Easement Modification

The Land Trust Alliance has long held that a modification clause in conservation easements strengthens easements and improves enforceability. A modification clause, which may include amendment, consent, waiver and other discretionary approvals, enhances the 'protected in perpetuity' standard and improves the chances of perpetual easement protection. This clause (or clauses) along with well-crafted guiding principles helps conservation organizations properly address unforeseen circumstances. The following Pointers reflect Land Trust Standards and Practices and can help land trusts and donors avoid IRS challenges while retaining the tools necessary for perpetuity.