[Michigan_LT] life estate question

[MaryKay O'Donnell]

Hi Jean - 
I am going to leave the question of signing and how to do that to the attorneys - I assume that the life estate holder would have to sign off on the easement in some capacity or subordination.   I hope the answers will be posted to the list serve as I am sure there is a lot of interest in this question.

As for the violation:   I wonder if you should consider a "Discretionary Approval."   You could allow the violation to continue until such time as the life estate holder passes away.   That way you don't have to worry about this becoming a permanent thing.  Write in the Discretionary Approval that within such-and-such a time after the gentleman passes away the property will be brought into compliance.

The letter would state that the Conservancy grants discretionary approval of the action, state why this is reasonable, the time line, and details of the violation and the provisions of the easement.   Then you would want to have the legal language stating that all other provisions of the easement are in full force and effect and that this discretionary approval does not constitute a waiver of any rights to enforce the other terms of the easement or any future violations of the easement.

Just an idea!

MaryKay O'Donnell
Little Traverse Conservancy
  ----- Original Message ----- 
  From: Jean Brokish 
  To: michigan_list at lists.ltanet.org 
  Sent: Friday, January 05, 2007 4:55 PM
  Subject: [Michigan_LT] life estate question


  Hello,

   

  I am working with a property that includes a reserved life estate for an elderly man (Mr. Smith).  The owners of the deed (the Jones Family) are working with me to donate a conservation easement on the property.  

   

  I have a straightforward question:  Does Mr. Smith need to sign the conservation easement if we finalize the easement before his death?

   

  And I have a sticky situation:  the property as it is managed now (by Mr. Smith) includes a violation of the CE terms.  Namely, his cows have free access to the stream and it is creating erosion and all the other expected problems.  The Jones Family agrees that this is not ideal and plans to fix it, but they don't want to impose this change onto Mr. Smith.   I have explained to them our need to enforce the terms of the easement and that they would be in violation.  We have discussed waiting until Mr. Smith passes before signing, but the Jones attorney is urging them to move ahead.  

  One other piece of info: Mr. Smith was on his death-bed one year ago, but has made a remarkable recovery and was last seen driving his tractor.  On my most recent visit to the property, he joined me for a 2+ mile walk.  No telling how many other lives he has.

   

  Should Chikaming Open Lands move ahead and sign the easement?  Should we hold the Jones Family to fixing the problem?  Is there a feasible solution that would make everyone happy?  

   

  Any advice would be so much appreciated!  

   

  - Jean

    

   

   

  ~~~~~~~~~~~~~~~~~~

  Jean Brokish

  Chikaming Open Lands

  PO Box 291 / 14913 Lakeside Rd

  Lakeside, MI  49116

   

  p: 269-469-2330  f: 269-469-2471

   jbrokish at chikamingopenlands.org 

   



------------------------------------------------------------------------------


  _______________________________________________
  Michigan_List mailing list
  Michigan_List at lists.ltanet.org
  http://lists.ltanet.org/mailman/listinfo/michigan_list
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ltanet.org/pipermail/michigan_list/attachments/20070108/46d1b209/attachment.html