When a mortgage precedes an easement on a property, the possibility that one day the mortgage could be foreclosed poses a threat to the continued existence of the easement unless the holder of the mortgage signs an agreement that allows the easement to survive a foreclosure. In addition, "subordination" is necessary if a tax deduction will be sought for an easement donation. This model legal document provides a vehicle to satisfy both of these issues. Be sure to download both the model and 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.
Provides the necessary tools to make sound decisions on the discovery and selection of priority access points, acquisitions of keep properties, and the design and develoment of new or improvements to existing facilities.
A landowner may convey to another person the rights to create a trail, open it for public use and maintain it without the owner giving up ownership and enjoyment of the land through which the trail passes.
This website is an online trails resource maintained by American Trails. It Includes a wealth of resources on design, accessibility, impact studies and more. The site is a comprehensive source for planning, building, designing, funding, managing, enhancing, and supporting trails, and greenways.