If you want to sell real estate while still retaining rights to visit a grave sited thereupon, the legal instrument is called an "easement". Sometimes the access grant is associated with ownership of another property (e.g. shared driveway), but it can just as easily be just to a sentimental goldfish aficionado.
replyA never had the authority to contract the land as a park indefinitely ... once C owns it they own it
replyThat's not what a deed restriction is.
are you stuck with passing that obligation forward
Generally yes. Which is why the deed restriction can affect the market value of the property.
This is well thought out and a good point, it does feel like though there should be some “special case” for donating land to keep for public use as a park.
replyYou are right though, how long can someone who doesn’t own that land, have authority on how it is used.
If you want a park, then build a park. Don’t give away the land and hope someone else builds a park.
replyThe Trustees of Reservations, in the Boston area, are a great example of this working well.
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