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Mortgages on conservation easement properties

National Conservation Buzz Topic: Can a mortgage violate your conservation easement?

Curious about how a mortgage or deed of trust could impact your conservation easement? Imagine you need to borrow money at some point, and use your conservation easement property as collateral for the loan. A mortgage typically is not prohibited by a conservation easement.

But consider this: conservation easements limit, and many outright prohibit, dividing the property into smaller parcels. A violation could arise if a mortgage is placed on only a portion of a conservation property (rather than the whole conservation property).

Why? If a lender ever had to foreclose on the mortgage and take title to the portion of the property with the lien, that foreclosure would divide ownership of the property. The lender would own one part of the property and the landowner the rest. As noted above, many conservation easements don’t allow such divided ownership. And, in some states, the act of simply taking out the mortgage on a portion of the property can constitute a legal division.

When considering a mortgage on an existing conservation easement, please consult with your attorney and SAHC staff before you close the loan to ensure no impermissible divisions could occur.

Land Trust Day Historic Homestead Outing

Enjoy Land Trust Day on the protected John Q. Tilson Homestead property in Unicoi Couty, Tennessee! This property has been owned by the Tilson Family since before the Civil War and has been protected by a SAHC Conservation easement since 1999. We will gather at the “new” house (built in 1879), where participants will have time to tour the historic home and view the working springhouse and smokehouse. Read more

Smoky Mountains Conservation Focus Area Hike

On Saturday, March 25th, an awesome group of hikers gathered to explore our Smoky Mountains Conservation Focus Area with a hike to scenic Hemphill Bald at the top of Cataloochee Ranch, where SAHC placed our first conservation easement in 1993.

The hike began at the Appalachian Highlands Science Learning Center at Purchase Knob, where we were joined by the ​Great Smoky Mountains National Park’s AmeriCorps Citizen Science Associate, who taught the group about the education and citizen science programs hosted ​by the Park at Purchase Knob. ​We learned about the many ways that they monitor acid deposition — one of which is by studying salamanders. Read more

Boundary Posting and 3rd Party Trespass

A common challenge for landowners and land trusts alike is trespassing by third parties. If a property is not adequately marked, it’s more difficult to protect against 3rd party trespass and other encroachment issues — such as timber theft, poaching, unauthorized ATV use, etc. Such activities can negatively impact a property’s conservation values.

Posting property lines, especially in accordance with North Carolina’s Landowner Protection Act (LPA), can offer protection from trespassing. The LPA, which clarifies some of the common hunting and recreational trespass issues landowners encounter, provides two ways for landholders to post their lands to allow only hunters, trappers and anglers with written permission to legally enter their property: signs and purple paint. Click here for details on how to post a property in accordance with the LPA.

Other important trespassing facts and laws relevant to landowners include:

  • No one can operate a motorized all-terrain-vehicle on another’s property without written permission from the landowner (see G.S. 14-159.3(a)(1)).
  • It is illegal (Class 3 misdemeanor) to destroy or mutilate any “posted” or “no hunting” or similar signs on the land of another, or post similar signs on the land of another (see G.S. 14-159.8).
  • It is considered second degree trespass (Class 3 misdemeanor) to remain on the premises of another without authorization after being told by an authorized party to leave (see G.S. 14-159.13).
  • It is illegal to cut, injure or remove another’s timber (see G.S. 14-135), which could result in double damages (G.S.1-539.1), and larceny of goods such as timber is a Class H felony if the value of goods is greater than $1,000 (see G.S. 14-72).

If trespass is suspected, try contacting the Sheriff’s office or NC Wildlife Resources Commission law enforcement (contact information here). A provision of the LPA allows wildlife officers to enforce trespass laws immediately, instead of having to first obtain an arrest warrant or criminal summons.

SAHC stewardship staff is happy to help with posting boundaries. Contact your stewardship lead, Hanni or Sarah, for assistance.

Farming in the Shadow of Crabtree Bald

rushforkcreek3This November we protected 32 acres of farmland in the shadow of Crabtree Bald in Haywood County. Located along Rush Fork Creek and adjacent to NC Scenic Byway 209, the farm contains prime agricultural soils and has been in the same family since the late 1700s.

Currently used for cattle grazing, the land has been used for various crops over the years, including tomatoes, corn and hay. It is now permanently protected for agricultural use under conservation easement with SAHC. Fertile soils on the property include prime farmland (Saunook loam), soils of statewide importance and of local importance. Read more

Reeves Homeplace Farm

highelevationfield2“This project represents five years of hard work by the land trust, the landowner, and the agencies involved,” said Farmland Program Director William Hamilton. “This farm is representative of agriculture in Western North Carolina, and we are thrilled that the Reeves family will be able to continue owning, living and farming on this land in the future.”

Located in the Little Sandy Mush community amidst a scenic landscape of family farms, the property was part of a US land grant that once encompassed a much larger area. Landowner Betty Reeves is a 6th generation member of the Reeves family to farm the land, and she wanted to protect it with an agricultural conservation easement so that that it would be a resource for current and future farmers. Read more

Ken and Lotta Murray: From DC to the AT, to the hills of TN

kenandlottaKen and Lotta Murray have transitioned from the hustle-and-bustle of Washington, DC, to the quiet coves of mountainous East Tennessee, carving out an idyllic home and garden on a tract where Ken’s great-grandfather homesteaded over 160 years ago. Introduced to SAHC while managing one of our conservation easement properties, they have become committed philanthropic leaders and engaged members, frequently exploring the Southern Appalachians through our guided group hikes.

Ken Murray became acquainted with SAHC when his mother, Katharine Tilson Murray, had the foresight to permanently protect the family homeplace with a conservation easement in 1999. Since retiring to the land in Unicoi County, where he often vacationed as child, Ken and his wife Lotta have become passionate supporters of SAHC, joining our Gray’s Lily Leadership Circle and frequently participating in guided outings on our other protected tracts. Read more

Ivy Creek: 102-acre conservation easement in Madison County

ponders_cowbarnChancellor Emerita of UNC Asheville Anne Ponder and her husband Chris Brookhouse have protected their 102-acre property in Madison County with a conservation easement, preserving pastoral and forest land for future generations.

Visible from the French Broad River, Ivy Creek farm is characteristic of Madison County’s rural landscape, with open pasture ridge tops and steep wooded slopes. The tract is approximately 30% pasture, grazed by cattle, and 70% forest, with a variety of forest types and mixed hardwoods.
The property contains seeps, springs, streams and water courses of high water quality, including Ivy Creek and unnamed tributaries of the creek, which flows into the French Broad River. Permanently protecting the tract preserves water quality, future agricultural use, open space, and wildlife habitat on a parcel that could otherwise have become a fairly dense development. Read more

New conservation projects protect 267 acres in the Newfound Mountains

newfoundmtnsmapWe recently protected 267 acres in two separate conservation projects in the Newfound Mountains, near the area where Buncombe, Haywood and Madison counties converge. We purchased 31 acres at Doubleside Knob in Haywood County, and placed 236 acres into conservation easement at Haywood Gap, permanently protecting clean water sources, healthy forest communities, habitat, and wildlife corridors.

“These projects continue our decades-long commitment to conservation efforts in the Sandy Mush community,” says Executive Director Carl Silverstein. Over the past two decades, the Southern Appalachian Highlands Conservancy has protected over 10,000 acres in this area. Read more

“Human Health and Connection to Nature” – OM Sanctuary

trailhead_bestOshun Mountain (OM) Sanctuary in Asheville, NC, founded in 2012, is a non-profit holistic education and nature-sensitive retreat center that offers overnight stays, classes, lectures, trainings and other programs.

After three years of dedicated effort, OM Sanctuary’s 42-acre urban forest was recently protected by a conservation easement with SAHC. Overlooking the French Broad River, Interstate 26, and Riverside drive, the easement protects a bluff containing cove forest, oak forest, and low montane pine forest with mixed hardwoods. The tract also contains pools in the river floodplain that provide likely habitat for wildlife like salamanders, amphibians and reptiles. Read more

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