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Model Documents Ancillary to Easement Transactions

When a mortgage precedes an easement on a property, there is no guaranty of perpetual enforceability of the easement unless the Mortgage Holder signs a document (sometimes called a "mortgage subordination") that allows the easement to survive a foreclosure of the mortgage. The Model Mortgage Subordination, although it ultimately may not be used in the form presented, presents a highly instructional guide to the matters to be addressed in a subordination form.

The Model Stewardship Funding Covenant is used by land trusts in conservation easement projects to secure payment of deferred contributions and other conservation commitments made by owners of the eased land. These commitments can be made binding on both present and future owners of the eased land. The model offers ten basic ways to structure stewardship funding arrangements. With it, there is no need for land trusts to insist upon lump sum stewardship payments from landowners due at the time of easement closing; they can be creative in structuring with landowners a stewardship funding arrangement that is both affordable and adequate to support long-term stewardship.