Policy of the Eagles Mere Conservancy Reguarding

Actual or Potential Encroaching Landowners

            The Board of Directors (the “Board”) of the Eagles Mere Conservancy (the “Conservancy”) hereby adopts, as of the date first written above, the following policy regarding procedures to follow in the event that an Eagles Mere landowner may be encroaching or, in fact, is encroaching on Conservancy land.  This policy is being adopted to ensure that the Conservancy does not become subject to a claim of adverse possession by an Eagles Mere landowner and to formalize procedures to be followed in the event of a potential or actual adverse possession claim.

 

            This policy will be provided to all Eagles Mere landowners by publication in a local newspaper.

 

            The Conservancy shall periodically, but not less than once every two (2) years, conduct a review of its property boundary lines to ascertain whether there is any on-going encroachment.  In addition, the Conservancy shall investigate any alleged or suspected encroachments on Conservancy land in a timely manner.

 

            In the event that there is a potential or alleged encroachment on Conservancy land, the Conservancy shall commission a survey of the land in question by an independent surveyor to determine the validity and extent of any alleged or suspected encroachment.

 

            Based upon the results of the survey, the Board shall determine the appropriate remedial action on a case-by-case basis.  In the event that there is determined to be an actual encroachment on Conservancy land, the Board shall send a letter to the landowner, in a form substantially similar to the letter contained in Exhibit A hereto.  The Board may, in its discretion, permit the landowner to continue to use the land in question, provided, however, that the landowner may be required to execute a Revocable License Agreement with the Conservancy regarding the use of the land in question.  Such landowner may also be required to name the Conservancy as an additional insured on the landowner’s homeowner’s policy.  In the alternative, the Board may determine that it is not in the best interest of the Conservancy to permit the on-going use of Conservancy land by the landowner and may request of the landowner that the unauthorized use of Conservancy land cease.

 

            In all such cases, the determination of the Board shall be documented in the Board’s meeting minutes and shall be communicated in person and in writing to the landowner.  The landowner in question shall be given an opportunity to respond to the findings of the Board.

 

            It is the express intention of the Board to resolve such controversies in an amicable manner.  The Board, however, reserves the right to take any and all remedial (such as requiring removal of fences, for example) and/or legal action necessary to resolve such encroachment issues.