Managing Conservation Easements in Perpetuity - Environmental ...

Scenario 3: Third-Party Boundary Dispute
The land trust conserved 28 acres of river bottom land for public access and to
reestablish a natural river community. A few acres of the easement land are upland
along a residential street. A small lot (90 feet x 40 feet) under different ownership
juts into the conserved land and contains a residence. Unfortunately, the land trust
completed the conservation easement prior to receiving the final survey. The final
survey shows two small encroachments from the neighboring lot: one of about
five feet from a garden shed and one of about three feet by 20 feet from the porch
and residence foundation. The elderly neighbor rejects an offer of a boundary line
adjustment and claims adverse possession of not only the encroachment area but
also an additional two acres of land that she mows and uses regularly.The owner of
the conserved land disputes the claim. The area in question has nominal resource
value and there are no resource impacts from the neighbor’s encroachment.
Discussion Questions
1. What alternatives are available to resolve this violation?
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2. What other considerations must the land trust examine?
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Violation Resolution and Easement Defense 319
E X E R C I S E O N E