What should you do if a neighboring landowner encroaches on your organization’s property (e.g., builds a shed or extends their lawn) or otherwise uses the land without permission? Sometimes immediately booting them is the best answer; sometimes arriving at some accommodation that provides them with at least temporary permission makes more sense. Doing nothing invites trouble. (Print version of ConservationTools.org guide)
The hybrid easement document provides for both resource protection and public access for fishing. It is a tool for conservation organizations and governmental entities to build cooperative relationships with private landowners to provide conservation and recreation benefits to the public while keeping properties in the control of the owners. Download both the model and the commentary.
This model legal document is used to ensure the easement holder's continued access to a property to undertake AMD remediation or other environmental restoration and stewardship projects. Be sure to download the commentary.
Use to provide public access to or along a waterway for fishing, boating or other recreational and educational uses. This model legal instrument 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.
The Model Grant of Trail Easement is brief--one page (exclusive of signatures)--as compared to the Model Trail Easement Agreement. The shorter document is useful where brevity is the paramount concern. If you want to establish certainty as to landowner and holder rights and responsibilities and other matters, the Model Trail Easement Agreement may be the better choice. Download both the model and the commentary.
This widely used model is coupled with an expansive commentary that explains the reasoning behind every provision, instructs on applying the model to particular circumstances, and provides alternative and optional provisions to address a variety of situations. Users can easily customize the document to handle different trail types and uses. Download both the model and the commentary.