Kayla,

 

Does the township/city have an historic preservation committee?  Is there local legislation that would protect the property if it were to be granted historic status?  I would want to steer clear of being responsible for “monitoring” the deed restriction, even if legally permissible.  And if, as Dave suggests, new owners attempted to break the deed restriction, would that make you liable for the legal expenses to try and oppose them?  I’m not sure you’d want to monitor the restriction if you don’t have the ability to do anything about it.

 

Greg

 

Gregory A. Jackson, CA

Archives & Special Collections

Bryn Athyn Historic Landmark District

Glencairn Museum

www.glencairnmuseum.org

267.502.2421

 

 

From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of topladave .
Sent: Wednesday, June 11, 2014 1:37 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Monitoring of historic home deed restriction

 

Kayla,


They could set up a trust to transfer the home to that would set conditions for it's preservation and use. This would have to be done while they are living so as to avoid the house being part of probate.

Deed restrictions can be broken in court as can stipulations in wills. They may be better off getting the home and property declared an historic easement by the state historic preservation office, which would stick no matter who owns the home after they pass on.

Unless they donate or transfer the house to your museum officially you should not be obligated to monitor and enforce deed restrictions on a house that belongs to someone else.

 

Cheers!
Dave

David Harvey
Senior Conservator & Museum Consultant
Los Angeles CA

www.cityofangelsconservation.weebly.com

 

On Wed, Jun 11, 2014 at 8:55 AM, Kayla Shypski <[log in to unmask]> wrote:

Hello all,

 

I was recently contacted by a local couple in our community who had some questions for me regarding their home, which has some history to the area as a parsonage building for a local church in the late 19th century.  They have no children and are interested in either bequeathing some of their furnishings and possessions to our museum, having their home moved to our grounds to join our other 19th century historic houses, or having us monitor a deed restriction they have set on the house so that future owners cannot make certain changes to the building which would compromise the historical integrity of the structure.  

 

My question is in regards to having us monitor the deed restriction.  They say that the law firm they have been working with to draw up the deed restriction has given them no guidance on this issue.  I'm wondering if other historic house sites have had members of the community come to them with this request?  I cannot see a reasonable way to do this and would like to give them another alternative, such as a home owner's association.  I'm not even sure if it is legal for a museum to do? Just wanted to see if other sites have run into this before.  

 

Feel free to contact me off list at [log in to unmask].  Thank you!

 

--

Kayla Shypski

Curator of Collections

Buffalo Niagara Heritage Village

3755 Tonawanda Creek Road

Amherst, NY 14228

 

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