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Backup Grantees

It is vital that every land trust consider what will happen to its assets if the organization ceases to exist or can no longer steward or administer its easements and land trusts should have a contingency plan for all of their easements in case of such events. One strategy is to include backup or contingency provisions in the easement. While there are variations on this practice, a backup or “executory” interest grantee is usually empowered to enforce an easement if the original grantee fails to do so, or to take over an easement if the original grantee can no longer manage it.
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