[MassChestnutOrchards] Seed Orchard Easement

[Mirick, John O.]

At the summer meeting of the Mass Chapter yesterday, we spent some time discussing what should go into an "easement" for a seed orchard.

If we have an agreement with a private landowner, then the legal document is an easement.  If current landowner is willing, the easement will be recorded at the Registry of Deeds, and will be legally binding on the current landowner and on his/her successors and assigns for 30 years.  Without an recorded easement, binding on successors and assigns, there is a risk that current or subsequent landowner decides to do something else with the property.

If we have an agreement with a town or with a state agency, then the legal document is a memorandum of understanding.  While not legally binding if the town of state agency comes up with another, more urgent use for the property, most towns and state agencies abide by MOUs, and only change the use is there is a real need to convert the property to another activity.

Rather than take up more time of the entire Board, I volunteered to circulate bullet points for review and comment, to collect and collate the comments, and to present the bullet points at the next board meeting.  My initial draft is attached.  Comments, suggestions, additions all welcome.  Please keep in mind that any agreement will be a matter of negotiation.  We may find that the landowner has his/her own set of bullet points, and that we won't be able to include everything that we wish.  The goal of this exercise is to develop a list that we can use when we negotiate with a landowner.

John Mirick





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