To: North American Fruit Explorers <nafex@lists.ibiblio.org>
Subject: [NAFEX] 'Protecting Your Fruit Trees After You Die'
Date: Sat, 5 Aug 2006 15:06:37 -0700 (PDT)
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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