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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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New business venture involving land in restrictive

Customer Question

new business venture involving land in restrictive conservation easement. no "comericial" use is camping for public within 8 acre homestead parcel plus use of easement land-140 acres for educational enjoyment-stress relief for attendees. Need to know best structure for partnership that is best for us. LLC Non profit, etc.
JA: What property use does the easement allow?
Customer: Agricultural, educational, no commercial-breathing room.. non profit under the easement parameters may not pay the bills. looking for wiggle room while I try to market this--Glamping and family. starting small to test waters Town Administrators max support but the Land trust and my parents desires in 1993 resulted in tying my hands.. can build one permanent structure within the homestead 8 acres
JA: Where is the property located?
Customer: Weathersfield Center Vermont
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am looking to form the "company " with a structure that is legal but works to pay bills--Donations may not work enough--loopholes? easement is tight on types of use. No "commercial"--any breathing room here?
Submitted: 2 months ago.
Category: Legal
Expert:  INFOLAWYER replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.if the venture is operated for profit I would recommend an LLCIf not, consider seeking to form it as a 501c not for profit.Please let me know if that is acceptable and feel free to reply back and follow up
Customer: replied 2 months ago.
I share your recommendations. I would much prefer the LLC if I can overcome in some format the No commercial verbiage in the easement restrictions. there are only two of us at this point. Any advantage to an LLP? Would like to avoid trying to raise funds or expect donations to cover costs.. can we do this with a structure outside of the non profit category addressing the No commercial issue ? Can do agricultural/forestry instructional activities in conjunction with the tenting which is "allowed" on the 8 acres classified as Homestead but the no commercial is the roadblock to somehow overcome.. Town officials want this but need to know if we can pull it off without going broke.
Customer: replied 2 months ago.
Understand. need to collect as much info for you to make the call worthwhile. Keep me on your ledger for a Monday coordination if possible. Thanks-
Dave
Expert:  INFOLAWYER replied 2 months ago.
I do not see an advantage to an LLP` over an LLC. No call needed at this time with me on my end either.
Expert:  INFOLAWYER replied 2 months ago.
Please let me know if that is acceptable and feel free to reply back and follow up
Customer: replied 2 months ago.
Would like to continue at some point this week --bit nuts here at the moment.. In addition to forming the proper legal structure do you have the experience in anything like this? Need to figure how to structure outside the easement restrictions to charge for the land use in order to maintain the effort.. Passing the plate early on does not appear to be the road to go down.What is the possibility to have a company that acts as a travel agency or marketing agency to represent the end game within the easement restrictions.. That way we could charge outside of direct connection on the site location. I need your and your associate experts to find a way to charge without the appearance of a commercial operation on my property. Not trying to violate easement. Can provide users the enjoyment on site. That will fly.. As anybody without deep pockets or a charitable trust, need to be sane on this one. A challenge to pull off to be sure. Otherwise the land lays fallow and nobody wins, not even the land trust. If I do not tend the land for 2 years, it is on their nickle--the only decent provision but stupid to let it go to that when all others are in support of this effort. Thanks for your patience
Dave
Expert:  INFOLAWYER replied 2 months ago.

an LLC makes the most legal and practical sense.

The agency can assist provided there is a clear agreement in place outling its role and compensation, duties.