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Formalizing Handshakes: First
RMC Trails Easement Randolph has had a long and proud tradition of trail stewardship dating back to the nineteenth century when the Town’s year-round and summer residents joined together to begin construction of a trail system. The network of trails developed and maintained by the RMC over the years is an important part of the town’s appeal. Looking ahead, we see new challenges to the very existence of the trails network. While a majority of RMC trails are on public lands such as the White Mountain National Forest and the Randolph Community Forest, about one-third of RMC trails traverse private land. Trails on public lands are more easily protected because the land manager’s mandate often includes public use for purposes including recreation. Moreover, the probability of changes in ownership of public land is very low, thus allowing the long-term maintenance of trails. In contrast, private ownership presents different challenges. Today a significant proportion of RMC trails crossing private lands lack adequate legal protection. Why would they require legal protection, one may ask? Having allowed their construction in the first place, why wouldn’t Randolph landowners continue to allow the RMC to maintain trails on their properties? Even though present-day private landowners in Randolph may intend to maintain access to trails on their property, future generations may not. History reveals that long-term socio-economic dynamics have inevitably led to land ownership changes amid development pressure and/or community expansion across America. Furthermore, land fragmentation may occur over time as ownership is passed on to successive generations. We see evidence of these trends in and around our town as well. The continued existence of RMC trails crossing private lands is not guaranteed. The best long-term measure to guard against this is to formalize the unwritten “handshake” agreement between willing landowners and the RMC via a protective trail conservation easement. A trail easement helps record the landowner’s commitment to allowing the RMC trail on the land in perpetuity. At the same time, there is absolutely no ceding of rights to the RMC and the land still remains the property of the owner. The written agreement becomes part of the property title and will pass from one owner to the other, thus ensuring the RMC trail network remains intact without impacting landowner rights. The contributions of New Hampshire law toward encouraging the public enjoyment of nature are also helpful when considering the pros and cons of conservation. There are two important points to keep in mind: 1. The willing landowner allowing public use of trails on his/her property is protected from liability from any accidents that may take place on his/her land. 2. By the same token, the law also protects the willing landowner from any loss of rights. There is a popular misconception that preserving trails is not necessary because these trails have been used for so many years – in other words, the RMC may already have an “established usage” right to trail conservation that might make formal easements redundant. This is simply not true because the law protects the landowner’s rights (see #2 above). All Randolph landowners with RMC trails on their land have not ceded any rights and retain full ownership of their land. Looking ahead, it is far more efficient for the RMC to pro-actively enter into trail easement agreements with willing landowners today, rather than to potentially lose trails if a future landowner suddenly decides to bar access. Since being appointed the Chair of the Trails Stewardship Committee in 2005, I have approached and received several queries from many interested landowners who are seriously considering signing a trail easement with the RMC. The responses and enthusiasm have been very encouraging. We are delighted to announce the finalization of RMC’s first ever trail easement agreement – for the Short Circuit Trail. The present landowners of the property that the Short Circuit traverses, Sue and Howie Wemyss, wholeheartedly supported the conservation effort – something they had agreed to in principle when they purchased the property from Joan Rising last year. Joan had worked with the RMC in recent years toward making the easement a reality. This, we hope, is the first of many more easement agreements to follow whereby a growing proportion of the RMC network of trails is protected in the coming years. I cannot emphasize enough that participation in trails easements is purely voluntary. The trails stewardship effort will continue only with willing landowners and will respect the wishes of others who choose to not participate. Any interested landowner can contact me directly for further information and I can share the trail easement draft with you. Please note this draft is not set in stone – it is merely a starting point. The Trails Stewardship Committee realizes that easement circumstances differ from landowner to landowner and we welcome an opportunity to engage in active dialogue about concerns and issues specific to each property and the RMC trail(s) on it. In sum, Randolph has a unique heritage in the RMC trails network that has afforded generations of residents and visitors enjoyment of the outdoors. If we do not act today to meet evolving challenges, this enjoyment may be in jeopardy for future generations. An easement is a non-intrusive instrument that ensures the existence and maintenance of RMC trails in perpetuity while respecting the rights of the private landowner. Going forward, I hope more landowners
will join us in helping preserve RMC trails. Landowners who are
interested in finding out more about trails stewardship are welcome
to e-mail
me.
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