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Adverse Possession in Pennsylvania

2020
A long-time trespasser may gain ownership of land by using it with no documented challenge for 21 years. Landowners can avoid this threat with some good, basic practices.
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Jun 08, 2021
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1091 times

Conservation Easements in Court: A Review of Easement Violation and Enforcement Litigation in Pennsylvania

2020
A review of Pennsylvania judicial decisions reveals that conservation easement holders and the conservation values they uphold prevail when a dispute leads to litigation. Courts respect the text of easement documents and their conservation purposes. This guide reviews eleven cases where the interpretation or enforcement of a conservation easement was at the center of litigation. 11 pages
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Nov 27, 2020
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610 times

Eminent Domain and Conserved Land in Pennsyslvania

2021
This guide provides a basic review of the eminent domain law of Pennsylvania and the United States as it applies to conserved land and conservation easements. An 8-page guide.
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Jul 01, 2021
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210 times

Encroachment: Permitting Continued Use Without Risking Loss of Ownership

2019
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)
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Feb 14, 2020
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1399 times

Model Declaration of Public Trust with Commentary

2018
This set of model documents and accompanying commentary helps local governments to formally dedicate lands to public purposes and clarify what are and aren’t appropriate uses of the land. (The materials include an option to grant a conservation easement to a qualified holder as added protection for the land.)
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Oct 03, 2018
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Model Permission for Encroachment

2019
The Model Permission for Encroachment is a license agreement that allows an encroachment to continue until the owner withdraws permission. The model document also features owner protections from claims pertaining to injury or property damage, a requirement that the encroacher comply with the law, and the termination of any rights the encroacher may have to claim adverse possession.
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Jul 01, 2021
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Parks in Perpetuity: The Protections Provided to Parks and Other Public Open Spaces Under Pennsylvania Law

2021
Authors: Andrew M. Loza
Parks and other public open spaces deliver tremendous benefits to the public and provide a crucial foundation for building, maintaining, and renewing communities. People rely on the permanence of these civic assets in making decisions on where to live and work. Thus, it is no wonder that Pennsylvania law affords great protections to parks from sale or conversion to non-public uses by the municipal governments responsible for their care. This guide describes these protections in brief. [3-page WeConservePA guide]
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Jun 04, 2021
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Restricting Development to What Is Approved in a Subdivision and Land Development Plan

2021
When a local government is approving a subdivision and land development plan, a landowner or developer sometimes agrees to place restrictions on the land to ensure that no further subdivision or development of common open space or large lots can occur beyond that contemplated in the plan being approved. Pathways to establishing these restrictions in Pennsylvania so that they are enforceable in the event of a breach are described in this guide. WeConservePA guide. 6 pages.
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Sep 06, 2021
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