Defending Conservation

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.
Last Modified
Jun 08, 2021
Viewed
2574 times

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

2024
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. WeConservePA guide. 12 pages.
Last Modified
Jan 03, 2024
Viewed
1992 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.
Last Modified
Jul 01, 2021
Viewed
1581 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.)
Last Modified
Aug 21, 2022
Viewed
7618 times

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.
Last Modified
Aug 10, 2022
Viewed
4841 times

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]
Last Modified
Jun 04, 2021
Viewed
3930 times

Responding to an Encroachment: Oust or Give Permission with Conditions

2022
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 making an accommodation that provides them with at least temporary permission makes more sense. Doing nothing invites trouble. WeConservePA guide. 3 pages.
Last Modified
Aug 10, 2022
Viewed
2695 times

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.
Last Modified
Sep 06, 2021
Viewed
1606 times

Reversionary Interest

2012
A landowner concerned about the future use of their land can donate or sell their land on a conditional rather than absolute basis. The deed used to convey the land can include terms that will trigger a change in ownership back to them—or some other person or entity assigned by them—if use of the land falls out of compliance with the conditions set in the conveyance.
Last Modified
Aug 27, 2022
Viewed
6790 times