Land Trust(s) or Conservation Easement

$399.95

Are you terminating your trust?

Additionally, conservation easements may be enacted to maintain the historical, architectural, archaeological, or cultural significance of the property. The agreement typically includes prohibitions on various land uses, such as construction, road placement, signage, advertising, utilities, or any other structures on or above the ground. It further addresses concerns like dumping, removal of vegetation, excavation, and more.

This agreement incorporates robust provisions, encompassing the designation of successor trustees, precise distribution guidelines, accounting waivers where appropriate, and consent mechanisms from beneficiaries for the conclusive distribution of trust assets. Addressing funding at the date of distribution values and proposing final distribution plans, the Trust Termination Agreement acts as a safeguard, not only for the beneficiaries but also for the successor trustee. Through meticulous drafting, this agreement aims to secure a consensus among beneficiaries while protecting the integrity of the trust’s transition and final distribution.
Forming a Land Trust or Easement

  • Conservation Easement Definition: Clearly outlines the legal definition of a conservation easement as opposed to a land trust.
  • Not-for-Profit Corporation: Specifies that a tax-exempt not-for-profit corporation typically oversees the conservation easement.
  • Preservation Objectives: Identifies the primary objectives of conservation easements, such as preserving natural habitats and cultural significance.
  • Prohibited Land Uses: Details the various land uses prohibited by the conservation easement agreement.
  • Surface Impact Restrictions: Specifies restrictions related to surface impact, including excavation, dumping, and removal of materials.
  • State Variations: Acknowledges that states may vary in their treatment of land trusts and conservation easements.
  • Alternate Term - Easements: Emphasizes that in some states, land trusts may be legally referred to as conservation easements.

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Living trusts, prized for probate avoidance and streamlined asset distribution, see increasing popularity as individuals seek alternatives to conventional wills. Recognizing the advantages of heightened control, flexibility, and privacy in estate management, people are drawn to these trusts. Stay informed for optimal estate planning.