Legal Question in Real Estate Law in Massachusetts

Pledge to the Nature Conservancy

We were pressured into pledging approximately 8 acres of our land to the Nature Conservancy in December 2000 for a conservation restriction. There were a number of later disclosed ethical issues involving this pledge. I is not 2007 and I plan to go forward with the use of my land as this pledge has never been consummated/legally closed. Is it still a valid pledge?


Asked on 1/27/07, 8:39 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Pledge to the Nature Conservancy

It depends.

It depends on the nature of the pledge, the conditions under which it was made, the ability of the Conservancy to enforce the pledge or to seek to enforce the pledge.

You say that the pledge has never been consumated or closed. Does this mean, the Conservancy never acted on it, or you never acted on it.

You say nothing about the nature of the pressure and the conditions under which the pressure was exerted.

All these factors must be taken into account to get a sense.

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Answered on 1/27/07, 8:42 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: Pledge to the Nature Conservancy

There is much missing information in your question, including the circumstances, who "we" is, what the intentions were at the time the restriction was originally given, whether you derived any benefit from the arrangement, what the "ethical issues" were, whether anyone relied upon promises made by you, and what, if anything was in writing.

If this is an important matter for you, you should certainly consult with an attorney.

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Answered on 1/27/07, 11:01 pm


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