North American Fruit Explorers mailing list at ibiblio

[tanis grif <tanisgrif@yahoo.com>]

Pomona v.39 #3 page 64-65: Richard Fahey describes a couple methods for 
maintaining
orchards for posterity.  

Great ideas!!  I don't know if there is a big difference between New York &
Wisconsin, but the phrases here for what he describes are (I think) deed 
restriction
& life estate.  I'm NOT a land preservation lawyer, but am familiar w/ a 
couple
environmental groups which use 'conservation easement' (a kind of deed 
restriction)
to protect land.  I suppose the same could be used to protect orchards.  

The main comment I want to add to Fahey's is, the kind of deed restrictions 
I've
learned about have a third party check on the property on a regular basis (for
example, annually) to document that the conditions of the deed restriction 
are being
followed.  This documentation can be used as proof in court that the 
land-protection
is active & valid, if ever in the future someone wants to use the land for 
another
purpose by arguing that the deed restriction wasn't honored.

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