There are two basic instruments required to establish a land trust. One is a deed in trust conveying the real estate to a trustee. The other is a trust agreement defining the rights and duties of the trustee and the beneficiaries, which is mentioned in the deed of trust but is not recorded. The deed in trust should convey title to real property to a trustee and confer complete trust powers on the trustee so that the trustee can deal with third parties without reference to the trust agreement. Restrictions on the trustee's powers should be set forth in the trust agreement.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Montana Land Trust Agreement (MALTA) is a legally binding document that establishes a partnership between a landowner and a land trust organization to protect and conserve natural lands and resources in Montana. MALTA is designed to ensure the long-term stewardship of private properties while preserving their ecological, recreational, agricultural, or scenic values. The primary goal of Montana Land Trust Agreement is to limit or prevent development activities that could harm the property's conservation values. It places legally enforceable restrictions, or conservation easements, on the land, ensuring that it will be managed and used in accordance with the specified conservation objectives. There are several types of Montana Land Trust Agreements, including: 1. Conservation Easement Agreement: This is the most common type of MALTA, where the landowner voluntarily grants certain development limitations and stewardship responsibilities to a land trust. Conservation easements focus on specific conservation goals, such as protecting wildlife habitat, preserving open space, or safeguarding water resources. 2. Agricultural Land Trust Agreement: Aimed at conserving agricultural lands and supporting sustainable farming practices, this type of MALTA ensures that the land remains available for agricultural production. It may include provisions related to farming practices, soil conservation, and water management. 3. Scenic or Historic Land Trust Agreement: These agreements focus on the protection of scenic or historically significant properties. They aim to maintain the visual and cultural attributes of the land while allowing limited development, keeping in mind the preservation of its unique characteristics. 4. Working Forest or Timberland Trust Agreement: Associated with forested lands, these MLT As provide protection to working forests, emphasizing responsible timber harvesting, sustainable forestry practices, and wildlife habitat conservation. 5. Ranch land or Open Space Trust Agreement: This type of agreement targets the preservation of large-scale ranches, valuable grazing lands, and open spaces. It promotes sustainable land management practices, wildlife habitat protection, and the perpetuation of traditional ranching operations. 6. Public Access Trust Agreement: This MALTA ensures that specific private lands with recreational or public access values remain accessible to the public while safeguarding the conservation values of the property. Montana Land Trust Agreements are tailored to meet the unique needs of each property and landowner, and they typically involve negotiation, detailed planning, and legal documentation. They can provide various benefits to landowners, including potential tax advantages, reduced property values due to development restrictions, and the satisfaction of leaving a lasting conservation legacy.Montana Land Trust Agreement (MALTA) is a legally binding document that establishes a partnership between a landowner and a land trust organization to protect and conserve natural lands and resources in Montana. MALTA is designed to ensure the long-term stewardship of private properties while preserving their ecological, recreational, agricultural, or scenic values. The primary goal of Montana Land Trust Agreement is to limit or prevent development activities that could harm the property's conservation values. It places legally enforceable restrictions, or conservation easements, on the land, ensuring that it will be managed and used in accordance with the specified conservation objectives. There are several types of Montana Land Trust Agreements, including: 1. Conservation Easement Agreement: This is the most common type of MALTA, where the landowner voluntarily grants certain development limitations and stewardship responsibilities to a land trust. Conservation easements focus on specific conservation goals, such as protecting wildlife habitat, preserving open space, or safeguarding water resources. 2. Agricultural Land Trust Agreement: Aimed at conserving agricultural lands and supporting sustainable farming practices, this type of MALTA ensures that the land remains available for agricultural production. It may include provisions related to farming practices, soil conservation, and water management. 3. Scenic or Historic Land Trust Agreement: These agreements focus on the protection of scenic or historically significant properties. They aim to maintain the visual and cultural attributes of the land while allowing limited development, keeping in mind the preservation of its unique characteristics. 4. Working Forest or Timberland Trust Agreement: Associated with forested lands, these MLT As provide protection to working forests, emphasizing responsible timber harvesting, sustainable forestry practices, and wildlife habitat conservation. 5. Ranch land or Open Space Trust Agreement: This type of agreement targets the preservation of large-scale ranches, valuable grazing lands, and open spaces. It promotes sustainable land management practices, wildlife habitat protection, and the perpetuation of traditional ranching operations. 6. Public Access Trust Agreement: This MALTA ensures that specific private lands with recreational or public access values remain accessible to the public while safeguarding the conservation values of the property. Montana Land Trust Agreements are tailored to meet the unique needs of each property and landowner, and they typically involve negotiation, detailed planning, and legal documentation. They can provide various benefits to landowners, including potential tax advantages, reduced property values due to development restrictions, and the satisfaction of leaving a lasting conservation legacy.
