[MassHistPres] Holding Preservation Restrictions

[Sam Bird]

As I understand this one of the issues for the non-profit (and for the  
grantor indirectly) is whether the holder of the easement has the  
resources to challenge and pursue any violations of the easement. This  
can be a large expense to sue an owner of a property for violating the  
easement. It also requires a level of organization and longevity on  
the part of the easement holder to even be aware of violations in  
order to take action. This is often a problem with deed restrictions -  
they get lost in the fog of time and if whatever the violation is  
doesn't agrieve someone enough for them to take legal action then the  
violation simply goes on unchallenged.

I am not an attorney and my knowledge of this is periferal at best so  
I repeat the advice to obtain good solid counsel.

Sam Bird AIA
Concord, MA

On Sep 18, 2012, at 9:13 PM, James Hadley wrote:

> As best I understand preservation restrictions, they are legal  
> encumbrances on the ownership of real property. This question is  
> best referred to an attorney familiar with the applicable law. I  
> imagine one can be found on the PreservationMASS website. BU has a  
> preservation program run in the Law School, so they may also be of  
> help.
> The question indicates a need to develop a procedural understanding  
> within your community, which, one hopes, can be set down in writing  
> and remain useful in similar circumstances in the future. (Town  
> Counsels don't always know the law WRT these matters. In my town,  
> for example, Town Counsel did not file CPC-required preservation  
> easements with the MHC until I made enquiries into the process and  
> informed him. They were therefore of a limited duration.)
>
> James Hadley
> Chair, Orleans Historical Commission
> Sent from my iPad
>
> On Sep 18, 2012, at 6:56 AM, "Kimberley Connors-Hughes" <dig at archeducation.org 
> > wrote:
>
>> On on the non-profits in town has been asked to hold a preservation  
>> restriction. Does anyone on the list know of local non-profits  
>> doing this? Would the house need to be NR eligible for the  
>> restriction?
>>
>>
>> Kimberley Connors-Hughes
>> Archaeology Outreach
>> PO Box 2122
>> Acton, MA 01720
>> 617-285-4181 (cell)
>> k.connors at post.harvard.edu
>> www.archeducation.org
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