Easement Approval Procedures of the Virginia Outdoors Foundation

Step1: Consideration of Easement
The landowner contacts VOF (or local land trust) to request information and to discuss general easement guidelines and possibilities. Landowner consults with family and/or legal and tax advisors, and expresses an interest to VOF a desire to further explore the donation of an easement. Landowner submits application form (available on VOF website) to VOF regional office. VOF and landowner discuss the property's attributes and the landowner's goals by initial phone conversation.

Step 2: Site Visit
Depending on property attributes and staff workload, VOF staff and landowner arrange to meet and view the property. On site, the staff analyzes the property's features and the natural and open-space resources, and consults with the owner on long-term objectives. Staff and landowner discuss options for easement terms that will meet the landowner's goals, protect the conservation values of the property, and meet the standards of the Foundation. The terms are based on the Foundation's Guidelines and sample deed easement.

Step 3: Preliminary Agreement
After consulting with advisors, landowner reach a preliminary agreement with VOF on the proposed terms of the easement and states desire to move proposal forwards to consideration by the VOF Board. IF there is a mortgage on the property, the landowner should contact the lender to arrange for subordination of the mortgage. Landowner's attorney and VOF staff develop draft deed of easement including full legal description for landowner's review and subsequent VOF Board consideration. Several revisions of the draft easement are typically necessary before it is in final form and ready for board consideration.

Step 4: Requirement for Title Opinion and Letter of Intent
Landowner's attorney or a title company provides a preliminary 60-year title opinion ("certification of title" or "title report") in favor of VOF. This report must be received no later than VOF determined deadlines. The landowner or landowner's attorney also provides copies of deeds by which the landowner obtained title as well as all recovered survey plats of the property and/or metes and bounds descriptions of the property. In addition, the landowner submits a letter to VOF stating a desire to donate the easement.

Step 5: Staff Research
Staff completes research on the property, including: Determining whether the easement will conform to the comprehensive plan of the locality in which the property is located and the zoning classification of the property; Reviewing statewide planning documents, such as the Virginia Department of Transportation six-year plans, the Virginia Outdoors Plan, Chesapeake Bay Preservation Area Maps, and Division of Natural Heritage database; Collecting maps of the property (U.S.G.S. topographic maps, aerial maps and tax maps) and survey plats if available for baseline documentation of the condition and character of the property.

Step 6: Board Approval
Each easement proposal must be approved by VOF's Board of Trustees. The Board meets six times per year and the deadline for completed proposals is approximately five weeks prior to the meeting (see VOF's 2009 deadlines). The Board may accept the proposed easement, accept it subject to changes, or reject it. The Board may condition its approval on modifications to the proposed terms of the easement. The Board's approval does not obligate the landowner to complete the easement. The landowner may finalize and record the easement at any time within two years of approval. The proposed change in any terms of the easement that would result in a less restrictive easement than that approved previously would need to be reconsidered by the Board.

Step 7: Follow-up Site Visit
VOF's staff makes a return visit to complete documentation of the property if necessary. The staff photographs the natural and open-space resources of the property, as well as all structures and all areas specifically addressed in the deed. VOF staff labels all photos and completes photo point map for the Documentation Report.

Step 8: Baseline Documentation Report
VOF staff completes the Baseline Documentation Report which may include: an easement summary, topographic map, aerial map, built environment map, special conditions maps, county tax maps, survey plats of the property if available and photographs of the property keyed to a map. Landowner reviews the information in the Baseline Documentation Report then signs and returns an acknowledgement form attesting to its accuracy.

Step 9: Finalizing Easement Draft
Landowner's attorney sends deed of easement to VOF staff for final review. VOF staff suggests final edits, if any, and returns to attorney for editing and signatures. Landowner, lender and/or co-holder (if applicable) sign the deed.

Step 10: Recordation
VOF signs the deed last. The Deputy Director cannot sign the deed until the following documents are verified in the files of VOF: the singed Baseline Documentation Acknowledgment Form and the signed VOF Consent Form. After receiving these documents, a VOF Deputy Director sings the deed. VOF may record the deed of easement in the Clerk's Office of the County Circuit Court after receiving final title bring down, or the landowner's attorney may complete the title bring down and record the deed of easement. A copy of the recorded deed of easement is sent to the landowner.