Monday, November 18, 2013

Ski, Esq. Founder David Cronheim Interviewed About the Ivy Ski Club by the New York Ski Blog

Ski, Esq. founder David Cronheim was recently interviewed by the NY Ski Blog about the Ivy Ski Club and its decision to open a lodge for winter 2013-2014 in Warrensburg, NY. Click the link below for the full text of the interview.

Thursday, November 14, 2013

Northern Michigan's Caberfae Peaks Embraces "Backcountry" Experience

Thanks to our friends at NASJA Midwest for bringing this story to Ski, Esq.'s attention.

Perhaps its the "Mount Bohemia Effect," but another Michigan resort has decided to embrace a more rugged ski experience. Northern Michigan's tiny Caberfae Peaks  (vertical: 485') will open 25+ acres of gladed terrain for 2013-2014.  Although the resort is terming the new area "backcountry terrain" it appears to be within the resort's boundary and Caberfae Peaks has done work to clear entrances and exits to the new terrain.

Monday, November 4, 2013

Jackson Ski Touring Foundation Receives Easement

Normally, Ski, Esq. focuses solely on alpine skiing, but we received an interesting press release today from the Jackson Ski Touring Foundation of Jackson, NH. The Foundation successfully negotiated with the Jackson Falls Association, a local condominium association representing 75 landlowners, for an easement to use an historic ski trail which crossed the association's property.
An easement is a non-posessory interest in land. One might conceptualize an easement as the right to use the land of another for a particular purpose - in this case the right to use and maintain a cross country ski trail. The use rights, however, fall short of full ownership. The advantage to an easement is that unlike mere permission to use a piece of property, which permission can be revoked by the landowner generally at will, an easement is recorded in the county's land records and runs with the land. A subsequent purchaser of the property remains bound by the easement. In granting the Foundation an easement, the association has essentially permitted cross country skiing to continue on the property permanently.
Due to concerns about liability, many landowners have dismissed out of hand proposals to grant similar alpine and/or cross-country easements in the past. However, there are basic protections a landowner can put in place which minimize or shift the risk to the holder of the easement. If more landowners actually took the time to explore the options available to them, many would find the risk to be negligible if addressed properly. Insurance, indemnification provisions, and sometimes even state laws can reduce liability concerns.

Homeowners and condominium associations often have large tracts of land which belond to the association members as common space. Granting easements to use portions of that space does not cost an association much, if anything and such costs could be borne by the party seeking the easement. Again, however, many associations will not even consider such arrangements.  Ski, Esq. commends the Jackson Falls Association for  being an exception and for supporting the Granite State's rich ski heritage.
The full press release can be found after the jump.