The Pennsylvania Land Trust Association maintains a suite of model legal documents to help implement conservation transactions and other conservation-related activities. The accompanying commentaries contain alternative and optional provisions and explain the reasoning behind it all.

Summary

The Pennsylvania Land Trust Association maintains a suite of model legal documents and accompanying commentaries to assist land trusts, government units, landowners and donors, as well as their respective legal counsels, in implementing conservation transactions and other conservation-related activities. The models and commentaries are the products of countless hours of research, regular feedback from users, scrutiny by legal professionals, and discussion and drafting by the development team. They are characterized by plain language, consistent form, easy-to-read formatting and incorporation of best practices.

The models are regularly used in conservation projects and reviewed for potential improvement. They are updated as needed to reflect advances in knowledge and to maintain them as state-of-the-art legal documents.

The model easement documents are written to achieve meaningful resource protection while being fair to both landowner and holder. The other models are likewise written to be fair to all parties in advancing the purpose of the particular document. The models are written to conform to Pennsylvania law but are easily adapted for use in other states.

Track Record

The first edition of the Model Grant of Conservation Easement and Commentary was published in 2005. The model has become the standard of choice in Pennsylvania for land trusts as well as for governments and landowner counsels. In addition, many outside of Pennsylvania reported using it in their states. The model is now in its 6th edition.

The Model Trail Easement Agreement (3rd edition) and many of the other nine model legal documents that followed the development of the Model Grant of Conservation Easement are seeing widespread adoption and use by conservation practitioners in Pennsylvania and around the country.

Typical End Users

The Pennsylvania Land Trust Association’s suite of model legal documents is designed for use by land trusts, government units, landowners and donors as well as their respective legal counsels.

Conservation Impact

The models and commentaries are regularly updated to reflect the experiences of users and advances in the field of conservation, ensuring that users always have access to state-of-the-art documents.
Use of a model avoids the legal costs of re-inventing the wheel, enabling users to focus legal time on adapting the model to specific circumstances.
By preventing the need to reinvent the wheel, the model helps users make more efficient use of limited financial resources for conservation.
By working within the same model framework, conservation practitioners are better able to share ideas and help one another with drafting issues.
Use of a model adds credibility when negotiating – all parties have access to a widely accepted legal document and its commentary.

What You'll Need

Thanks to generous sponsors, the latest editions of the models and commentaries are always available online free-of-charge at ConserveLand.org and ConservationTools.org.
The model must be revised to reflect the specific circumstances of the particular project. Although the model and commentary can reduce legal costs associated with reinventing the wheel, all parties to a conservation transaction still should have legal counsel before completing a conservation transaction.

Obstacles and Challenges

To make the most of a model, users should read through the commentary at least once. The purpose of each provision 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 legal document for years, the prospect of having to familiarize themselves with a new form may seem not worthwhile. However, the pros of adapting for their use a regularly updated model that has been vetted by numerous professionals are likely to outweigh the time savings associated with using a familiar form that may not be regularly updated using lessons learned across the country.

Contents of Main Description

Available Model Documents
Using a Model Document
   Read the Commentary
   Relating the Commentary to the Model
   Get Legal Counsel
   Start from the Model
   Updates
   Other States
Users Can Help
   Share
   Submit a Testimonial
Model Grants of Conservation Easement
   Model Grant of Conservation Easement and Commentary, 6th edition
   Model Riparian Buffer Protection Agreement and Commentary, 2nd edition
Model Trail Easements
   Model Trail Easement Agreement and Commentary, 3rd edition
   Model Grant of Trail Easement and Commentary (short form)
Model Fishing and Boating Access Easements
   Model Grant of Fishing & Boating Access Easement
   Model Fishing Access Agreement and Commentary
Other Model Documents
   Model Mortgage Subordination and Commentary
   Model Stewardship Funding Covenant and Commentary
   Model Preliminary Agreement Regarding Conservation Easement Donation and Commentary
   Water Quality Improvement Easement and Commentary

Under construction. Please check back later this afternoon for the complete guide.

Available Model Documents

The Pennsylvania Land Trust Association’s suite of model documents include the following items: (A summary of each is provided later in this guide.)

Model Grant of Conservation Easement

Model Riparian Buffer Protection Agreement

Model Trail Easement Agreement (preferred form)

Model Grant of Trail Easement (short form)

Model Grant of Fishing & Boating Access Easement

Model Fishing Access Agreement

Model Stewardship Funding Covenant

Model Preliminary Agreement Regarding Conservation Easement Donation

Model Mortgage Subordination

Water Quality Improvement Easement

Using a Model Document

Read the Commentary

Users of a model should read through the associated commentary at least once. The commentary gives guidance in applying the model to particular circumstances, provides optional and alternative legal provisions, and explains the purpose of each provision.

Relating the Commentary to the Model

The commentaries follow the same Article and Section structure as the model to make cross-referencing easy. Titles or captions in bold lettering preceded by numbers or letters refer to sections of the same title in the model. Bulleted text indicates 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 models and commentaries should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The models must be revised under the guidance of legal counsel to reflect the specific circumstances of the particular project.

Start from the Model

Avoid using a document prepared for another project as a starting point for a new project. One of the most important functions of a model is to serve as a reminder of issues that need to be considered. Errors and omissions are highly likely when a document prepared for another project is used as a starting point for a new project. Each user 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 user. That version, or the base model posted at ConservationTools.org and ConserveLand.org, should be used as the starting point for each project. To stay abreast with developments in the field, user-customized versions of the model should be updated when changes are posted to the base model.

Updates

Users should check ConserveLand.org or ConservationTools.org periodically for updates to the models and commentaries to ensure that they are applying the best resources possible to their conservation work. To receive notice of updates from the Pennsylvania Land Trust Association, email PALTA at info@conserveland.org.

Other States

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

Users Can Help

Each new model 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. Contact PALTA to share experiences and comments and to make suggestions for improvements. The model’s developers address every suggestion received.

Submit a Testimonial

If you have found a model document helpful, please consider submitting a testimonial to assist the Pennsylvania Land Trust Association in demonstrating the value of the models to those who make them financially possible.

Model Grants of Conservation Easement

Model Grant of Conservation Easement and Commentary, 6th edition

Link to library item

Link to broader guidance

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 for the benefit of private and public holders, landowners and their respective legal counsels, the sixth edition was published in 2011. It is the standard of choice in Pennsylvania. It is easily adapted for use in other states and is used across the country.

Model Riparian Buffer Protection Agreement and Commentary, 2nd edition

Link to library item

Link to broader guidance

This Model Riparian Buffer Protection Agreement is a grant of conservation easement specifically designed for riparian buffer protection projects. The model applies a single set of conservation objectives and restrictions to the area to be conserved. PALTA's Model Grant of Conservation Easement, in contrast, enables users to set different conservation objectives and restriction for different areas of a property. (Projects that have different conservation goals and restrictions for different areas of a property and include the protection of a riparian buffer are likely best matched with the Model Grant of Conservation Easement.)

Model Trail Easements

Model Trail Easement Agreement and Commentary, 3rd edition

Link to library item

Link to broader guidance

By donating or selling a trail easement to a nonprofit organization or government, landowners may provide their land for a public trail without having to subdivide the land or lose ownership and control of the land. The Model Trail Easement Agreement is used by a landowner and trail organization to set the terms by which the trail is built, maintained and used as well as clarify the landowner’s rights and establish who may be liable if an accident occurs on the trail. Used widely in and outside of Pennsylvania, this model is PALTA’s preferred trail easement form.

Model Grant of Trail Easement and Commentary (short form)

Link to library item

Link to broader guidance

The Model Grant of Trail Easement is brief -- one page (exclusive of signatures) as compared to nearly five for the Model Trail Easement Agreement. The Grant of Trail Easement is provided in recognition that brevity is sometimes the paramount concern of landowners. If establishing certainty as to landowner and holder rights and responsibilities and other trail matters is of significant concern, the Trail Easement Agreement is the better choice.

Model Fishing and Boating Access Easements

Model Grant of Fishing & Boating Access Easement

Link to library item

The Model Grant of Fishing & Boating Access Easement secures public access to waterways while respecting the needs of the landowners providing the access. Users may customize the model to accommodate the forms of public access most appropriate to the property (for example, fishing, boating and other recreational and educational uses.) This model legal document may be used as a stand-alone document or may be coupled with a Grant of Conservation Easement to provide natural resource protections as well. The commentary to PALTA's Model Trail Easement Agreement doubles as the commentary to this model.

Model Fishing Access Agreement and Commentary

Link to library item

The Fishing Access Agreement is a hybrid document, providing both public access and resource protection. It ensures responsible fishing opportunities for the public and conservation of riparian areas while keeping a property in the control of the landowner.

Other Model Documents

Model Mortgage Subordination and Commentary

Link to library item

Link to broader guidance

The Model Mortgage Subordination is used to obtain “subordination” of a mortgage to an easement. Subordination is critical both for assuring that an easement will survive a mortgage foreclosure and for conforming to Internal Revenue Code requirements for qualified conservation contributions.

The guide Mortgage Subordination provides landowners and the organization receiving the easement (the easement holder) with guidance on how to approach the mortgage holder (the bank) to obtain a mortgage subordination. The Model Mortgage Subordination provides landowners and easement holders with a sample document to submit to the bank with the other information supporting the request for subordination The model is rock-solid and has been successfully used. However, it will be labeled "draft" until it completes substantial testing in real world conditions. Please share your experiences with proposing the model’s use to banks by sending your comments to Andy Loza.

Model Stewardship Funding Covenant and Commentary

Link to library item

Link to broader guidance

The Model Stewardship Funding Covenant is used to structure and guarantee payments promised by present landowners and to be paid by either them or future owners in support of conservation easement stewardship. It may be customized to enable land trusts and landowners to achieve a variety of project goals:

Structure future contributions customized to the particular goals and needs of landowners and the land trust.
Ensure notice to a land trust that a property subject to an easement is being transferred to a new owner.
Guard against claims of feigned ignorance of the contents of a recorded grant of conservation easement.
Bind the owners conveying the conservation easement to a stewardship funding arrangement, enabling the land trust to responsibly meet its obligations and ensuring the long-term stewardship of the land.
Bind future owners to a stewardship funding arrangement.
Tie the payment of stewardship contributions to triggering events, ensuring that payments don’t have to be made without cause (for example, increased costs associated with subdivision only occur if the subdivision, in fact, occurs).

The guide Legal Considerations for Stewardship Funding Arrangements: Binding Present and Future Owners to Future Promises discusses the challenges of securing a landowner’s commitment to future contributions and extending financial obligations to future landowners. The guide informed the development of the model covenant.

Model Preliminary Agreement Regarding Conservation Easement Donation and Commentary

Link to library item

Link to broader guidance

The Model Preliminary Agreement is used to spell out the terms under which landowners may donate and land trusts may accept a conservation easement and other contributions. The Pennsylvania Land Trust Association published the guide Pledges and Donation Agreements to explain the challenges and opportunities for creating a legally enforceable obligation to make a future donation while maximizing the potential for tax-deductibility. The guide informed the development of the model.

The model is rock-solid and has been successfully used. However, it will be labeled "draft" until it completes substantial testing in real world conditions. Please help with that testing and inform Andy Loza of your experiences.

Water Quality Improvement Easement and Commentary

Link to library item

The Water Quality Improvement Easement provides for long-term access to a property for the purpose of constructing and maintaining active and passive systems to remediate the effects of abandoned mine drainage. The model document also may be used to provide passage through other properties necessary to access the systems. The model was developed in response to concerns that a landowner who tentatively agrees to allow people on to his land for water treatment or to pass through his land to another parcel for the same purpose, may later withdraw permission, thus jeopardizing an organization’s investment of time and resources in the remediation effort.

Conservation Tools

Model Legal Documents

Experts

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Acknowledgements

Disclaimer

Copyright

Summary

Track Record

Typical End Users

Conservation Impact

What You'll Need

Obstacles and Challenges

Contents of Main Description

Available Model Documents

Using a Model Document

Read the Commentary

Relating the Commentary to the Model

Get Legal Counsel

Start from the Model

Updates

Other States

Users Can Help

Share

Submit a Testimonial

Model Grants of Conservation Easement

Model Grant of Conservation Easement and Commentary, 6th edition

Model Riparian Buffer Protection Agreement and Commentary, 2nd edition

Model Trail Easements

Model Trail Easement Agreement and Commentary, 3rd edition

Model Grant of Trail Easement and Commentary (short form)

Model Fishing and Boating Access Easements

Model Grant of Fishing & Boating Access Easement

Model Fishing Access Agreement and Commentary

Other Model Documents

Model Mortgage Subordination and Commentary

Model Stewardship Funding Covenant and Commentary

Model Preliminary Agreement Regarding Conservation Easement Donation and Commentary

Water Quality Improvement Easement and Commentary

Comments