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Trail Easements

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Last modified Apr 07, 2011



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Disclaimer

Nothing contained in this or any other document available at ConserveLand.org or ConservationTools.org is intended to be relied upon as legal advice. The authors disclaim any attorney-client relationship with anyone to whom this document is furnished. Nothing contained in this document is intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any person any transaction or matter addressed in this document.

Copyright

 © 2012 Pennsylvania Land Trust Association

Text may be excerpted and reproduced with acknowledgement of ConservationTools.org and the Pennsylvania Land Trust Association.

A landowner may grant a trail easement to a nonprofit organization or government to allow the nonprofit or government to construct or maintain a public trail on the private property.

Summary

By donating or selling a trail easement to a nonprofit organization or government (the “Holder”), a landowner may provide their land for a public trail without having to subdivide the land or lose ownership and control of the land. The easement may address matters such as:

  • How wide is the trail and what sort of facilities are allowed?
  • Are bicycles allowed? Horses? Picnicking?
  • May the landowner close the trail temporarily for hunting? Timber harvests? Manure spreading?
  • Who is liable if there is an accident?

The Pennsylvania Land Trust Association has created the Model Trail Easement Agreement as well as other models to assist in establishing public trails on private property.

Contents of Main Description



UNDER CONSTRUCTION

PROJECTED COMPLETION: SUMMER 2011.

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