Acquiring Land and Conservation Easements overviews the laws on property title, steps to take in acquiring land, working with attorneys to ensure sound transactions and completing title work to ensure conservation efforts stand the test of time. The book includes information and case studies on conducting effective and principled negotiations.
(print edition of ConservationTools.org guide) At closing, the transfer of the real estate interest, whether land or easement, is completed. This guide helps users organize and expedite the closing.
Doing Deals introduces the basic real estate, financial and strategic principles used by land trusts to purchase land for conservation. It provides basic information on how to: develop a strategy for acquiring a property, pull together all the information necessary to understand the project and players, understand the process and feel comfortable working within it, know when to seek help, and know how to effectively deploy others. The book includes strategies on how to negotiate a land conservation deal.
(print edition of ConservationTools.org guide) A conservation easement may have one or more holders responsible for upholding the easement’s conservation objectives. It may have a beneficiary, an entity with some rights to manage the easement in furtherance of the conservation objectives but no responsibility to do so. It may also provide a contingency plan to replace a holder in the event the holder cannot or will not perform its duties. Effective long-term easement management requires that when more than one entity shares easement management rights, the relationship between the entities must be carefully delineated.
(print edition of ConservationTools.org guide) An installment agreement requires the buyer of real estate to pay the seller the purchase price in installments over time; the buyer takes immediate possession of the property but the seller retains legal title as security until the buyer pays in full. An installment agreement can be a low-cost, flexible alternative to a traditional mortgage loan. 7 pages.
If an owner intends to accept an offer for the purchase of his or her land, the holder of a right of first refusal has the opportunity to purchase the land at the price and terms offered by the prospective buyer. If the holder of the right declines to purchase on those exact terms, the owner is then free to sell to the prospective buyer. If an owner is willing to commit to providing such a right to a conservation organization, this model is a tool to document and ensure the enforceability of the owner’s commitment.
(print edition of ConservationTools.org guide) An option to sell may be used to assure that a property acquisition can be undone if expectations are not met. 3 pages.
(print edition of the ConservationTools.org guide) A purchase option is a right to purchase or lease land or other property interests without any obligation to do so. 15 pages.
(print edition of the ConservationTools.org guide) A right of first purchase gives a potential purchaser the opportunity to purchase before a property is sold to another. It can be a right of first offer, a right of first negotiation, a right of first refusal or a combination of these rights. 8 pages.