Document / Practical Pointer
Costs and Fees Recovery
Posted 2016
Reviewed
October 28, 2016
Source
Land Trust Alliance
About This Practical Pointer
The possibility that a land trust could be required to pay substantial fees and costs if it loses a legal challenge can be a significant deterrent. States take a variety of approaches to costs and fees, so as a first step, land trusts should have experienced local counsel in their state determine what the standard practice or statute is so that you can draft to prevail on the fee recovery clause, without exposing your land trust to prevailing party risks.
© 2016 Land Trust Alliance, Inc. All rights reserved.