WeConservePA has updated its guide, Drafting an Amendment and Restatement of a Grant of Conservation Easement. This guide is one of many that provides conservationists with the tools needed to smoothly navigate the terrain of changing easements for a range of sound professional reasons.
Depending on the particular facts and circumstances, changes to a conservation easement may be best accomplished through a simple amendment or by an amendment and restatement in full of the easement document. The guide Amend OR Amend and Restate describes the situations that best lend themselves to each approach.
If a simple amendment is judged most appropriate, the Model Amendment of Grant of Conservation Easement and Declaration of Covenants with Commentary may be used to accomplish the changes.
The guide Adding to Land Under Conservation Easement describes three alternatives for adding to eased land and includes a model document to help implement one of the alternatives.
The Model Grant of Conservation Easement and Declaration of Covenants may be modified to amend and restate a grant of conservation easement by following the instructions below. A key objective for the Holder in accomplishing any amendment and restatement is to make it clear that the restatement supersedes but does not release the old document. The instructions in the guide Drafting an Amendment and Restatement of a Grant of Conservation Easement help ensure that the restated grant retains the same priority and enforceability as the original grant.
