Monitoring protects your easement in perpetuity

Each time the Ausbon Sargent Land Preservation Trust (ASLPT) protects a property with a conservation easement, we are accepting the legal obligation to carry out the donor’s desires and the terms of the easement, forever. The monitoring program is designed to ensure that the ASLPT fulfills its responsibility for guarding against easement violations.

Failure to enforce its easements could disqualify the ASLPT from accepting tax-deductible easements and jeopardize its IRS tax-exempt status.

The ASLPT carries out periodic property inspections. This procedure is called monitoring.

• We train and coordinate the activities of a volunteer core of monitors
• Keep accurate and detailed reports of our inspections
• Respond to violations with appropriate action including mediation and/or litigation
• Consult with other land trusts regarding current problems and issues in monitoring

Monitoring serves as a regular reminder that the landowner is legally bound to keep the property in the condition as defined in the conservation easement. As an easement passes down the line from the original donor (grantor) to subsequent property owners, there is a greater chance the new owners might ignore the terms of the easement.

Our Stewardship Endowment is set aside solely to cover the costs of monitoring, administering and defending the ASLPT’s conservation easement properties.

Policy
At the time the ASLPT accepts a conservation easement, funds or a pledge of funds adequate to meet the land trust’s associated monitoring obligations must be placed in, or made to the Stewardship Endowment. This separate account is funded by the pooled contributions from conservation easement donors. A landowner is expected to make a gift of cash, securities or other assets to the Stewardship Endowment at the time of their easement donation. If a donation is not possible at the time of the easement, the landowner can schedule payments over a period of time. Contributions may be provided by local private or public groups such as conservation commissions or neighborhood associations, or at the ASLPT Board’s discretion, by transfer from the ASLPT’s operating account. An understanding of how the Stewardship Endowment obligation will be met must be established before substantive work on the easement is begun.

Contributions to Stewardship Endowment

A donation to the ASLPT’s Stewardship Endowment is required based on the Trust’s best estimate of the cost of monitoring, administering, and enforcing the restrictions over time.  The schedule for estimating the required donations is based on actual and anticipated costs. For further details, please contact one of our land protection specialists at 603-526-6555.