WeConservePA has published three new guides at ConservationTools.org. The content of each is briefly described below. Adverse Possession in Pennsylvania A long-time trespasser may gain ownership of land by using it with no documented challenge for 21 years. Landowners can avoid this threat with some good, basic practices. (link, 7 pages) Adding to Land Under Conservation read more
10
September
24
April
Changes Posted to Model Grant of Conservation Easement
The Pennsylvania Land Trust Association has finalized changes to four provisions in the Model Grant of Conservation Easement and Declaration of Covenants. PALTA also has made various updates and improvements to the commentary including two new supplemental provisions: “Providing for Alternative Minimal Protection Areas” and “Explicitly Addressing Changes in Conditions.” The read more
27
April
Model Grant of Conservation Easement: How It Works and Can Work For You
New webinar series featuring Pat Pregmon of Pregmon Law Offices You can register for any or all of the following webinars. May 13: Recording - The Roadmap to Conservation and Tax Deductibility (focus on article 1) May 20: Recording - Planning for the Future (focus on article 2 and stewardship funding arrangements) May 27: Recording - Preserving Natural Habitat and read more
19
March
PALTA Publishes Model Amendment of Conservation Easement
The Pennsylvania Land Trust Association has published the first edition of the Model Amendment of Grant of Conservation Easement and Declaration of Covenants. Oftentimes when a change to an easement is desired, it makes sense to both amend and restate the easement document to ensure that the easement is backed by the most modern, effective form and provisions possible. read more
10
February
Comments on New Model Amendment Due March 4
The Pennsylvania Land Trust Association has completed the first round of public review of the draft Model Amendment of Grant of Conservation Easement and Declaration of Covenants. The guidance has been revised and PALTA welcomes suggestions for improvements to this final draft. Reviewers are also encouraged to suggest examples of potential amendments that could be addressed in read more
14
November
PALTA Refreshes Guide and Updates Model
In October, the Pennsylvania Land Trust Association refreshed one ConservationTools.org guide and its Model Release of Liability Form. Refreshed Guide: Release of Liability Form: A Tool to Reduce the Risk of Claims for Personal Injury or Property Loss Accidents happen and, when they do, claims for personal injury or property damage sometimes follow. Defending lawsuits is read more
8
May
6.04(a) of Model Conservation Easement Updated…Again
The Pennsylvania Land Trust Association added six words to §6.04(a) of the Model Grant of Conservation Easement and Declaration of Covenants to clarify the provision’s intent. Users are encouraged to adopt this change immediately. The revised subsection reads as follows (revisions in red): Notice to Holder. Before Owners begin or allow a Subdivision, Improvement, activity, or read more
19
February
6.04 of Model Conservation Easement Finalized
The Pennsylvania Land Trust Association has finalized the change to section 6.04 of the Model Grant of Conservation Easement and Declaration of Covenants and posted the updated model at ConservationTools.org. The change is identical to the proposal posted in January. All users are strongly encouraged to adopt this change immediately. Thanks to everyone who offered comments on read more
19
February
2nd Edition of the Model Access Easement for Environmental Stewardship Published
The Pennsylvania Land Trust Association has finalized the 2nd edition of the Model Access Easement for Environmental Stewardship and posted it at ConservationTools.org. The first edition was developed to help organizations secure long-term access to land for remediating the effects of abandoned mine drainage. For the second edition, the model’s provisions have been modified to read more
19
October
Ensuring the Permanency of Parks and Other Public Lands
On October 19, the Pennsylvania Land Trust Association published the final version of the first edition of the Model Declaration of Public Trust. People rely on their parks and other public open spaces as stable, reliable places of comfort, rest, and renewal in their lives. They expect that these places will always be there for them. In Pennsylvania, this expectation is read more
19
October
Guarding Easements from Mortgage Foreclosures and, if Applicable, Supporting Tax Benefits
When a mortgage precedes an easement on a property, a foreclosure of that mortgage can wipe out the easement, clearing the property of any requirements for conservation (in the case of a conservation easement) or public access (in the case of a trail easement). This does happen! To guard against this, the mortgage holder needs to sign a non-disturbance agreement, which allows read more
22
January
PALTA Releases New Editions of Model Trail Easements
The Pennsylvania Land Trust Association has published at ConservationTools.org new editions of its long and short-form trail easement model documents: The 4th edition of the Model Trail Easement Agreement with Commentary provides an expansive easement instrument that details many issues to avoid potential misunderstandings between landowners and holders. Last updated in read more
