Key Take Aways from Session 1 of our CEA Winter Webinar series
Rebecca Weigand, Engagement and Communications Coordinator
This fall and winter, OLTA, Paul Peterson, and Environment and Climate Change Canada are offering a series of webinars diving into all things Conservation Easement Agreement. Lawyers Paul Peterson and Burgandy Dunn bring a wealth of experience, and in Session 1: Drafting Conservation Easement Agreements, they brought this topic to life. I came away with a deeper understanding of conservation easement agreements, their complexities, and their potential. Below are some of my key takeaways from Session 1. I encourage you to watch the video, and to sign up for Session 2.
Key take-away #1 – CEAs are all about relationships
A CEA is a contract – one that goes on for a long time. And it gives the land trust (or the CEA holder) the right and the duty to legally enforce it. So, CEAs are grounded in relationships with the land, with the original landowners and the landowners down the road. If it’s going to be successful, then it’s essential to know the key elements of the land and to know the landowner and their motivations – and that depends on building relationships.
Key take-away #2 – Be curious
Building on number 1, like any long-term commitment, it’s essential to be clear about what you’re agreeing to when you commit to a CEA. Paul spoke about the legal concept of ad idem, being of one mind: the parties to the CEA must have a shared vision of what they’re agreeing to, right down to the minute details, like is this barn is a protected structure, or when it is okay to mow the field.
Key take-away #3 – Ask Questions
This brings us to number 3 – asking the right questions! Paul emphasized how important it is to thoroughly review the full CEA document. Make sure that it answers those key questions we’ve all learned since elementary school: Who? What? Where? When? Why?
Who? – Who are the parties of the CEA? Are they individual landowners? Co-owners? Corporate owners? And how are they motivated?
What – This includes questions like what is prohibited and what is permitted on the property.
Where – This includes questions like where the building zones and protection zones are, and how they are identified.
When – When does the land trust have to act? How and when will the land trust access the property?
Why – Why should the CEA be enforced? What are its purposes?
Paul emphasizes being clear, specific, and consistent in the answers to these questions throughout the CEA. He recommends answering these questions fully and making sure you don’t gloss over any potential ambiguities.
Watch Session 1: Drafting Conservation Easement Agreements here.
