Cohousing-L Mailing List: Re: land easements, legal issues, qualifying for subsidies

[Rowena Conkling (rowenac]

Fred H. Olson wrote:
> 
> 
> Jessie Handforth Kome: Dahako [at] aol.com wrote:
> > We just got the following advice from our developer (who is also a
> member and an attorney)
> > Any use or land interest .. such as easements, must be legally
> obtained. .. easements are legal rights (for 3rd parties to use the
> owners land in a particular way). Like deeds of full title, deeds of
> easements should be duly documented and recorded at the
> Register of Deeds, etc.
> 
> . Do you have anything to add that might help us?
> ----------------
>A number of states (including the Commonwealth of Massachusetts) have specific 
>statutes that provide for conservation or agricultural 
easements to be placed on privately owned property.  These are indeed 
recorded in the Registry and serve the purpose of preventing future 
development of the property.  In return the owners get tax breaks.  This 
is particularly important where farmland is under development pressure, 
since it often permits a new generation of a farm family to hold on and 
continue farming when the older generation dies.  It is possible that a 
cohousing group with a substantial amount of land might be able to 
benefit financially from imposing such restrictions.  I suggest you 
consult a real estate attorney in your state. 

Rowenac from CambridgeCoho