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What is an Executory Interest?
An Executory Interest is a secondary or backup easement in the land held by another conservation organization. The Executory Interest holder is responsible for ensuring that the primary easement holder monitors the property and enforces the terms of the easement. f the primary holder fails to enforce the easement for any reason, the backup holder can take enforcement action to restore the property and can even take over the easement from the grantee.
The Town of Durham is the Executory Interest holder of several conservation easements (CE):
- Amber Acres (CE holder: Southeast Land Trust of NH)
- Emery Farm (CE holder: Society for the Protection of NH Forests)
- Langley Farm (CE holder: The Nature Conservancy)
- Langley Woodlot (CE holder: Society for the Protection of NH Forests)
- Mill Pond Center (CE holder: Southeast Land Trust of NH)
- Roselawn/Gangwer (CE holder: Southeast Land Trust of NH)
- Town of Lee-Lee Five Corners (CE holder: Southeast Land Trust of NH)
The holder of the conservation easement is responsible for the annual monitoring of the easements and sends the annual report to the Town of Durham for its files.
