A little late on this response (I’ve been out of town) but I asked out Preservation Planner to comment, and here is her response: Many historic preservation organizations have easement and/or covenants programs. If your organization does not already have such a program in place and if this is beyond the scope of your mission, you should proceed with caution and do plenty of research if you want to proceed. Do not take on this kind of legal responsibility without fully understanding the implications. While an easement or covenant is an excellent way to protect the historic integrity of your property beyond your time of ownership, the organization that holds the covenant or easement takes on a real responsibility. You typically have to monitor compliance annually and you have to be prepared to take an uncooperative owner to court if needed. For this reason, some easement/covenant programs require that a new donation come with financial resources attached to it. The Landmark Society holds nearly 40 protective covenants on properties in western NY. Most of these homes were deeded to us or purchased by us and when we transferred title to a new owner, we did so with protective covenants in place. An easement, on the other hand, can be donated to an organization by the owners while they still own the house and are living. The owner can then potentially receive a tax break on this donation. Historic New England has a robust easement program: http://www.historicnewengland.org/preservation/preservation-easements The National Trust for Historic Preservation also has some resources: http://www.preservationnation.org/information-center/law-and-policy/legal-resources/easements/. They have specific staff people (some of whom are attorneys) who manage their easement program. The only other option available to legally protect a historic property is local zoning. Does your municipality have a preservation ordinance in place? If so, this property could potentially be designated a local landmark. Local landmark designation is not to be confused with the State & National Registers of Historic Places, an honorary program administered by the State Historic Preservation Office (SHPO). National Register listing does NOT provide protection against alterations or demolition. Caitlin Meives Preservation Planner The Landmark Society of Western New York, Inc. 133 South Fitzhugh Rochester, NY 14608 (585) 546-7029 x27 [log in to unmask] www.landmarksociety.org <http://www.landmarksociety.org/> Facebook <http://www.facebook.com/group.php?gid=12149056258> | Twitter <https://twitter.com/landmarksociety> Cindy Boyer Director of Public Programs The Landmark Society of Western New York 133 S. Fitzhugh St. Rochester NY 14608 (585) 546-7029 ext. 12 [log in to unmask] Fax: (585) 546-4788 www.landmarksociety.org <http://www.landmarksociety.org/> Facebook <http://www.facebook.com/group.php?gid=12149056258> From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Jackson, Gregory Sent: Wednesday, June 11, 2014 2:09 PM To: [log in to unmask] Subject: Re: [MUSEUM-L] Monitoring of historic home deed restriction 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 716-689-1440 ext. 7720 <tel:716-689-1440%20ext.%207720> ________________________________ To unsubscribe from the MUSEUM-L list, click the following link: http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 ________________________________ To unsubscribe from the MUSEUM-L list, click the following link: http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 ________________________________ To unsubscribe from the MUSEUM-L list, click the following link: http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . 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