The Model Grant of Conservation Easement and Commentary provides users with a model legal document and expansive guidance covering alternative and optional provisions and the reasoning behind it all. Plain language, user-friendliness, flexibility and best practices are key design elements. It is regularly updated to reflect advances in the field.

Summary

The Model Grant of Conservation Easement and Commentary includes a state-of-the-art legal document as well as 73 pages of in-depth guidance for using the model. First published in 2005, the sixth edition was published in 2011. The latest edition can be downloaded free-of-charge at ConserveLand.org or ConservationTools.org. Published by the Pennsylvania Land Trust Association for the benefit of private and public holders, landowners and their respective legal counsels, it is written to conform to Pennsylvania law and is the standard of choice in Pennsylvania. It is easily adapted for use in other states and is used across the country. The model and commentary are the products of countless hours of research, regular feedback from users, scrutiny by legal professionals, and discussion and drafting by the development team. The model is characterized by plain language, consistent form and easy-to-read formatting. It is written to achieve meaningful resource protection while being fair to both landowner and holder.

Track Record

The first edition of the model and commentary was published in 2005, the sixth edition in 2011. The model is widely embraced. As of 2008, two-thirds of Pennsylvania nonprofits with active conservation easement programs had adopted the model. By 2011, the model had become the standard of choice in Pennsylvania for land trusts as well as for governments and landowner counsels. In addition, many outside of Pennsylvania report using it in their states.

Typical End Users

A conservation easement is a power vested in a land trust or government to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner so as to achieve certain conservation purposes. The conservation easement is established by agreement between a landowner and a “holder” (a private land trust or a unit of government). State and federal laws set criteria for qualifying nonprofit organization to hold conservation easements. The Model Grant of Conservation Easement and Commentary is designed for use by private and public holders, landowners and their respective legal counsels.

Conservation Impact

The model enables users to efficiently and effectively protect conservation resources using conservation easements.
The model and commentary are regularly updated to reflect the experiences of users and advances in the field of conservation, enabling individuals to stay at the cutting edge of easement preparation with minimal effort.
The large community of model users facilitates people helping one another with their easement issues – they are all working within the same document framework.
Use of the model adds credibility when negotiating – all parties have access to a widely accepted legal document and its commentary. Use of the model avoids legal costs for re-inventing the wheel, enabling users to focus legal time on adapting to specific project issues

What You'll Need

The latest edition of the model and commentary is always available online free-of-charge at ConserveLand.org or ConservationTools.org.
Although the model and commentary can reduce legal costs associated with “reinventing the wheel”, legal counsel is still necessary before completing a conservation easement project. The model must be revised to reflect the specific circumstances of the particular project under the guidance of legal counsel
Landowner and holder should both have legal counsel.

Obstacles and Challenges

To make the most of the tool, users of the model should read through the commentary at least once. The purpose of each section is explained and, oftentimes, variations are provided to address alternatives that may be useful in particular situations.
For those who have worked with a particular form of conservation easement for years, the prospect of having to familiarize themselves with a new form may seem not worthwhile. They should be encouraged to weigh the pros and cons of adapting for their use a regularly updated model that has been vetted by numerous professionals as contrasted with sticking with a familiar form that may not be taking advantage of lessons learned across the country.

Contents of Main Description

   State-of-the-Art
   Broad Use
   Product of Intense Use and Review
   Other Models
   Open Source
Structure of the Model
Editions
Comments Requested
Training and Technical Assistance
Implementation
   Read the Commentary
   Relating the Commentary to the Model
   Get Legal Counsel
   Start from the Model
   Other States
   Updates

State-of-the-Art

Broad Use

Published by the Pennsylvania Land Trust Association for the benefit of private and public holders, landowners and their respective legal counsels, it is written to conform to Pennsylvania law and is the standard of choice in Pennsylvania. It is easily adapted for use in other states and is used across the country.

Product of Intense Use and Review

The model and commentary are the products of countless hours of research, regular feedback from users, scrutiny by legal professionals, and discussion and drafting by the development team. The model is characterized by plain language, consistent form and easy-to-read formatting. It is written to achieve meaningful resource protection while being fair to both landowner and holder.

Other Models

The Pennsylvania Land Trust Association also publishes and maintains the Model Riparian Buffer Protection Agreement and Commentary, which specifically addresses the protection of relatively narrow ribbons of property along waterways.

Open Source

The model easement is an “open source” project. Each new edition is posted for everyone to view and use – free-of-charge. In exchange, users are asked to share their experiences and comments on use of the model with the model’s developers to better inform future editions of the model.

Structure of the Model

Article I. Background: Includes conservation objectives and description of the property.

Articles II, III and IV set forth the restrictive covenants imposed on the property by the landowner in order to achieve the conservation objectives described in Article I:

Article II. Transfer; Subdivision: Sets limitations regarding transfer, subdivision and leasing of the property.
Article III. Improvements: Sets limitations regarding buildings, structures, facilities and other improvements within the property.
Article IV. Activities; Uses; Disturbance of Resources: Sets limitations regarding activities and uses within the property such as construction, farming and forestry.

Article V. Rights and Duties of Holder and Beneficiary: Lists the rights and duties being granted to the nonprofit or government holder of the easement in order to ensure the enforcement of the limitations set forth in Articles II, III and IV and support the conservation objectives described in Article I.

Article VI. Violations; Remedies: Details the procedures for exercise of enforcement rights by the holder.

Article VII. Miscellaneous: Covers miscellaneous provisions.

Article VIII. Glossary: Contains definitions of capitalized terms used in the easement and not defined in Article I.

Editions

A history of publishing dates for the model is as follows:

6th edition – September 2011

5th edition – September 2008

4th edition – April 2008

3rd edition – September 2007

2nd edition – April 2006

1st edition – July 2005

Comments Requested

Suggest improvements for the next edition! The Pennsylvania Land Trust Association welcomes suggestions for improvement of the model and commentary. The model’s developers address every comment received. Comments can be addressed to Andy Loza at the Pennsylvania Land Trust Association.

Training and Technical Assistance

The model is backed with training and technical assistance. Numerous workshops on use of the model have been held at the National Land Conservation Conference, Pennsylvania Land Conservation Conference, Pennsylvania Bar Institute courses and other major training venues. Questions regarding the model can be directed to Andy Loza at the Pennsylvania Land Trust Association.

Implementation

Read the Commentary

Users of the model should read through the commentary at least once. The purpose of each Section is explained and, oftentimes, variations are provided to address alternatives that may be useful in particular situations.

Relating the Commentary to the Model

The commentary follows the same Article and Section structure as the model to make cross-referencing easy. Titles or captions in bold lettering preceded by numbers refer to sections of the same title in the model. Bullets preceding text indicate a comment. Text without bullets varies with the context, covering alternative or optional text to add as well as excerpts from other documents.

Get Legal Counsel

The model and commentary should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The model must be revised to reflect the specific circumstances of the particular project under the guidance of legal counsel.

Start from the Model

Avoid using a document prepared for another project as a starting point for a new conservation easement. One of the most important functions of a model is to serve as a reminder of issues that need to be considered. The value of a model is lost, and errors and omissions become virtually guaranteed, when a document prepared for another property is used as a starting point for a new conservation easement. Each holder should feel free to create its own version of the model by incorporating additional or alternative provisions (from the commentary or otherwise) that reflect the policies and preferences of that holder. That version or the then-current version available online should be used as the starting point for each project. It is important to keep the holder’s version of the model up-to-date with changes made to the online version.

Other States

Users outside of Pennsylvania need to take care to modify the model to account for differences in state laws.

Updates

Check ConserveLand.org or ConservationTools.org periodically for updates to the model.

Conservation Tools

Model Conservation Easement

Experts

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Acknowledgements

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