Document / Practice

Practice 9F: Title Investigation and Recording

Posted 2017 Updated December 5, 2022
Land Trust Alliance
About This Practice

This guidance covers Practice 9F, which includes three elements:

  1. ⬤ Prior to closing and preferably early in the process, have a title company or attorney investigate title for each property or conservation easement the land trust intends to acquire

    1. ⬤ a. Update the title at or just prior to closing

  2. ⬤ Evaluate the title exceptions and document how the land trust addressed mortgages, liens, severed mineral rights and other encumbrances prior to closing so that they will not result in extinguishment of the conservation easement or significantly undermine the property’s important conservation values

  3. ⬤ Promptly record land and conservation easement transaction documents at the appropriate records office

Accreditation indicator element | ■ Terrafirma enrollment prerequisite | ▲ Required for both