Syracuse.com - Pompey man makes sure his 248 acres will never see a housing development

[HuntingNY-News]

"If my grandfather knew what happened to his farm, he would be rolling over in his grave," he said.

John Rybinski said he'll never forget what happened to grandfather's 258-acre farm in Cazenovia.

"If my grandfather knew, he would be rolling over in his grave," he said. "I grew up on that farm. I hunted, fished and learned to trap there.

"When my grandfather passed away my mother and father inherited it. My parents divorced and the land was sub-divided and sold. Now it's all houses. What I loved is gone."

Late last year, Rybinski, 50, took steps to make sure a similar scenario didn't occur on his watch. He donated the conservation easement to his 248 acres in Pompey to the Finger Lakes Land Trust, an Ithaca-based group. He retained ownership of the property, but its use is legally restricted - and it'll stay that way after he dies.

The conservation easement divides his land up into three zones. One small zone allows him to have his house and any other building he'd like to have there. The second zone requires that the land be kept as forest, but allows him to log and sell the wood, gather firewood and take other measures to ensure its health and longevity.

The third zone is restricted to agricultural uses.

The 25-year-old Finger Lakes Land Trust protects more than 16,000 acres throughout the greater Finger Lakes area from development.

"We own 30 conservation areas that are open to the public, and have more than 100 conservation easements on land that remains in private ownership." said Andy Zepp, executive director. "We also have land that we protect in partnership with other governmental conservation agencies and non-profits.

"We try to achieve win-win situations and to meet individual landowner's goals. The result is the protection of the most significant open space we have," he said.

Rybinski said he initially considered participating in the U.S. Department of Agriculture program that gives payments to landowners to keep their land undeveloped and open to agriculture. However, the line of farmers waiting to get into the program is long, he said, and he doubted that he'd qualify.

His decision to go with the Finger Lakes Trust wasn't free. He had to pay for the appraiser and surveying work, in addition to making a sizeable donation to the trust. Rybinski estimates he has spent close to $20,000.

Zepp noted that Rybinski's costs may be recouped in time with state and federal tax breaks - some that will be passed on in perpetuity to future owners.

"Part of our costs include annual payments we make for special insurance that pays if we have to go to court to enforce the easement," Zepp said. "We also put money in a trust to make sure our organization stays around and that someone is standing behind that document (signed by Rybinski)."

Zepp said costs incurred by property owners who turn over conservation easements to the trust vary, depending on an individual's ability to pay. Sometimes, he said, the landowner is unable to pay and the trust has sought financial help elsewhere, including government grants.

Rybinski has no regrets. He said he looks around Pompey and sees farms being carved up for housing developments, which results in all sort of negative impacts on the land. He notes the fishing on nearby Limestone Creek "is nothing compared to when I was a kid. The water quality has changed. It's all part of the equation.

"A lot of farmers out there are teetering, there's not enough land out there to support their business and they're getting out of it," he said. "There's nothing in Pompey to prevent this community from turning into another Dewitt. Maybe not in my lifetime, or my kids' lifetime, but eventually it will all be chopped up."

Rybinski said he's determined to preserve his land's aesthetic value, its value to fish and wildlife, its value for agriculture. He encourages others to do the same.

He said his land is posted. However, he does along friends and neighbors "on a controlled basis" to fish his pond, hunt and trap, walk their dogs, snowmobile, ride their horses and do some bird watching.

"I have 25 to 50 bluebirds around my house. There's also grouse, deer. You allow it to be developed, it'll all be gone," he said.

MORE ON THIS:

-For more information on Finger Lakes Land Trust website at fllt.org.

View the full article on The Syracuse Outdoors Blog

[SteveB]

Trapping, hunting and fishing not allowed for the most part.

I will not support.

[wmig2]

Very Interesting. That takes the greedy future family somewhat out of the picture.

[growalot]

We bought land that the ppl inheriting it sought to put into the GVT...when I read the fine print I said no way...they had already allowed the appraisal and the GVT to do a title search...This cost them a lot of $$$$..I explained to the land owner the same thing could be achieved by the lawyer putting in deed restrictions at the time of sale.which would include a No divide clause...which actually was not in the GVT  contract...notice the above had 3 ZONES.....because the land has legal restrictions on it the town has to recognize these in evaluations...keeping the taxes on the parcel lower....We bought the property with the deed restrictions....it will never be devided nor have...gas wells or wind farms..as well as houses or commercial developments.and I can log as I see fit ...with out worrying about getting fined or sued on land I payed for and pay taxes on...even if it went for back taxes...the restrictions remain for ever in the deed....

Edited February 2, 2014 by growalot

[SteveB]

Very Interesting. That takes the greedy future family somewhat out of the picture.

 

Greedy?

It also takes use for future outdoorsman out of the picture.

[sits in trees]

isn't that completely against the conservative ideology about having no restrictions and developing anything and everything for the good of business and the creation of these great jobs. You know the pinko tree hugging hippies who wanna save the trees, save the frogs, save the world and all that nonsense.

Ahh but there is still hope, maybe big business will use "Imminent Domain" to get that land back and throw a few Walmarts and maybe a few hundred miles of gas pipeline up on it, or maybe even mine it for the stuff our cell phone batteries need. This John Rybinski is no doubt an un American Commie pinko in my Bible!

[wmig2]

Greedy?

It also takes use for future outdoorsman out of the picture.

 

The point I'm making is that some familys can't wait till elders pass so they can lot out the property and make large profits. I know of some farms I hunt in the future that are most likelly going to experience that.

 I'm totally against any property that has restrictions on outdoorsman accessibility. 

 

[growalot]

SITS...no one said that...but ppl need to read the fine print...in our case I told the owner if we backed out..refusing to sign with the GVT or if they did before sale causing us not to buy and the trust got the land from them.....ask the GVT  that if they got control of the property and could not add more lands to it ...could they allow a building parcel and then sell it for funds to buy bigger parcels...yes sir they could and would...see their goal is to retain large contiguous parcels....to sell to the state....adding funds to their operating cost....these ppl make a living doing this...and a darn good one.....The original owner requested NO building on the property in her Will....

Edited February 2, 2014 by growalot

[growalot]

BTW...GVC..Genesee Valley Conservancy.....I also asked about hunting...told...not encouraged...but not enough ppl to control on all parcels...I assume one's willed to them and not sold yet...Note in the article fishing..hunting...trapping...is allowed on a controlled bases...not his but the trust's....any thing he does...he has to get prior approval...or risk fines/ legal action....

[growalot]

interesting read...

 

http://www.nationalcenter.org/NPA569.html

[Nomad]

Well this greedy land owner can't wait to sell,well I guess I am waiting though,being a land owner gives me certain privileges I'd like keep for now.

The farmland prices in Ontario county around us are climbing nicely . It does not stay on the market 20 minutes if it ever gets listed at all.

Mostly it is bought up by a few of the bigger farmers with it never getting listed at all.

Anyone Who wants to buy it is free to do what they please,hunt,tarp,farm,build Wal Marts.

I like that.

[growalot]

PS.... that is divided not devided...ooppss and...these Conservation groups aren't all bad...but even though they are NFP....the employees are making dang good salaries.....

 

That said they make their "selling point" on the fact that they will always be around to monitor the properties to make sure they stay in compliance....here's the thing...as in example...our parcel ...restricts...division...commercial or residential building...All of those things are legally listed in the deed...so any searches turn that up...and legal surveys would turn that up and all towns and villages require permits...the property has these restrictions listed in the tax office and any paperwork the town has on the property...permits would not be allowed.....So Your land would be easier to sell later if need be..... even with restrictions ...because there would not be a third party involved...with the potential to saying no to logging or putting in a pond..or removing one...cutting the "wrong" tree.. putting in a maintenance road.ect...ect...one would not have to wait for prior permission.Nor  risk fines or legal actions..and there STILL would be no building on it...

[verminater71]

one of my big farms is in Land Trust, there's NO restrictions on hunting, fishing or trapping, it just cant ever be developed,

 

the landowner Did not want it developed, good for him, I'm tired of houses going up every where

[growalot]

All I'm saying is he could have saved him self at least 15,000 dollars and gone to his lawyer and had the restrictions put into place on his own...and also done the survey if needed...but that would not have been needed..... saving him those costs as well...for if he sold or passed and Willed it away the survey would be done at that time..Surveys are done in transactions if one has not been updated within 5 yrs and a transaction occurs...it's not rocket  science...

[verminater71]

grow,

most deed restrictions are useless, the house I bought had a restriction that it could never be owned by anyone outside the sellers family, my lawyer, took 2 hours to have it resolved

 

my buddies place had a deed restriction, no hunting on his land, haha, that worked

 

the guy that owns the farm I hunt on died last year, his kids would have broke the farm up and it would have been developed, never going to happen now

[growalot]

I suppose that would depend on how good a lawyer one has...I have had deed restrictions on two properties and they have worked...one was in a shared drive way situation....That saved us a ton of head aches...because it required our approval of new buyers..and restricted drive way usage..and we enforced it.Great when they decided to do day care..Our lawyer  and my wording ...by the way it was my wording on restrictions that the sellers OK'd and had filed in the County records...it is a legal contract...really NO different in essence that the legal contract the conservancy's set up...

I can not address how you managed to break a legal deed restriction for I did not read it...

 

Ohhh lets not for get this conversation...

 

 

BTW...GVC..Genesee Valley Conservancy.....I also asked about hunting...told...not encouraged...but not enough ppl to control on all parcels.

 

What Is a Deed Restriction?

A deed restriction is a type of private agreement restricting the use of real estate. Such restrictions are usually listed within the written deed document relating to the property, and should be noted if the property is to be sold or transferred. A deed restriction can also place limitations on the title to the property, such as when a seller wishes to sell their property according specific conditions. 

What Are Some Common Types of Deed Restrictions?

There can be many different types of deed restrictions, according to the various needs of the seller or owner of the property. Some common types of deed restrictions can include:

• Limitations on land use
• Restrictions pertaining to the development and additions to home structures
• Restrictions involving the uniformity of structures in a given residential area (this is common for deeds to condos and co-ops)
• Specific instructions regarding the transfer of the deed

Thus deed restrictions can often involve the overall plans or theme for a neighborhood, not just the personal interests of a property owner. As such, the enforcement of deed restrictions can often involve the competing interests of many different parties.

When Are Deed Restrictions Not Enforceable?

Although deed restrictions can often be helpful for numerous parties, there are times when they cannot be enforced. These can include situations where:

• The applicable term or time period for enforcement has expired
• A condition for enforcement is no longer valid or applicable
• The restrictions provisions are illegal (such as one that violates zoning laws)
• The deed restrictions are clearly against public policy (such a restriction that encourages housing discrimination)

When seeking to have a deed restriction enforced, the courts will usually draw upon state and local laws. Thus, enforcement of deed restrictions can vary by region. Legal remedies for a violation of a valid deed restriction may include a monetary damages award or other types of compensation.

Do I Need a Lawyer for Assistance With Deed Restriction Laws?

Deed restrictions can sometimes be necessary in order to properly manage some parcels of land. It may be in your best interests to hire a lawyer if you need assistance with drafting, reviewing, or contesting a deed restriction. An experienced attorney in your area can assist you with these tasks, and can also represent you in court in the event that a lawsuit becomes necessary.

 

Edited February 3, 2014 by growalot

[growalot]

OK I just have to say it and then I promise I'm done...

 

It absolutely astounds me....That someone would hand over 20,000 of their hard earned money to a second  party to be able to legally sue said person using their own money!... Should the first party do something not in compliance with second party's control...over the first parties land...While said first party paid for and pays taxes on...ppl talk about dividing and building...but these contracts involve much more than that...

[HectorBuckBuster]

Well deed restrictions are not always 100 percent. My dad sold some land and had deed restrictions this was over 20 years ago put on that only a stick built house can be built and 250 feet from the road. Well over the last few years the property was sold again, and that person also bought the property next to it. Well the combined the two properties to one, then built some seasonal cabins on the property. The town and county do not enforce deed retrictions, so now the only way to enforce them is my dad has to sue the new property own.

[growalot]

Well of course these things need to be monitored...one going into such actions obviously needs to understand this...put pieces into play to avoid and or receive solutions or damages that should be a common sense given....it is also a reason for title insurance is an important thing...we have it on our lands...for deed restrictions are essentially a enforceable lien on the property when it changes hands...and your father is due compensation ....

 

http://real-estate.lawyers.com/residential-real-estate/restrictions-on-the-title-to-your-home.html

[HectorBuckBuster]

Growalot from my research on deeed retrictions you most also maintian a interest that the deed retrictions if violated would hurt He is lucky he still owns land there so this has caused harm by decreasing the value of his property. If say he did not own any property that would be effected then he would not be able sue, is what I have been getting after reading up on the sublect.Sounds stupid but nothing in the court system suprizes me anymore after the judge ruled the Safe Act Legal.