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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