Understanding Attornment Agreements in Nature Estates

Visitors to nature estates tend not to focus on legal matters, even though understanding the term “attornment agreement”, for example, could prove beneficial. If you’re not a lawyer, you are probably asking yourself what an attornment agreement is, and why it’s even worth knowing the answer to that question.

Sticking with its standard dictionary meaning, an attornment agreement can be defined as an “an agreement by a tenant to attorn to a third party to whom the rent is due, or in some cases to perform services or to pay money”. In the context of land, estate and retail property ownership, an attornment agreement is usually a written legal contract. As far as land is concerned, an attornment agreement helps to protect the interests of third parties to said land, by ensuring that stipulations concerning what the land can be used for and by whom are adhered to.

Lovers of nature estates such as “De Roode Vennen” will certainly get something out of learning about attornment agreements, as a matter of course. As noted, it may not be immediately obvious how attornment agreements relate to estate visits, but when you consider the fact that continuity of protected spaces for recreation and relaxation would not be possible without them, the point becomes undeniably clearer. If you go looking for attornment agreements and/or other legal contracts relating to nature estates, you might even see that some attornment agreements are entered into at the discretion of owners for separate purposes, such as the imposing of restrictions on where visitors can walk and cycle.

This leads you to wonder whether these restrictions are reasonable and therefore not unfair, or unreasonable in their limitations of movement… and whether they have been documented in legally binding contracts. When things do start to seem a little questionable, discerning visitors such as you know that you can take counter-measures to query, dispute or block the terms of those agreements depending on the validity of your objections to the limiting stipulations. This is an example of how understanding and learning about comprehensive attornment agreements can help you to appreciate the estate more fully – and how these agreements can be stirred into conflict with visitation terms and conditions.

In both of the above examples, it’s clear that a written attornment agreement is a tool that can either be of benefit or hindrance to estate visitors. Having the ability to understand and anticipate what is contained in the clauses of attornment agreements, however, makes it easier to enjoy the benefits and planning around the limitations of such agreements.

The often confusing nature of legal jargon is one of the main reasons why many people don’t want to bother trying to read about attornment agreements and any other similar documentation relating to the nature estate they’re about to visit. Those who take the time to do their homework, however, are assured of a better trip and experience than those who leave their knowledge of estate rules and regulations to chance. The alternative is to find out late in the day that restrictions have been introduced that limit the activities you really enjoy, whether you’re a hiker, mountain biker or bird-watcher.

Another benefit of doing your estate homework is that you get to know how to handle the situation should you (unintentionally) break the rules. For example, if you stop just off the trail to take a picture of deer because you’re on a steep incline and don’t want to risk slipping to your death by straying too far to catch a better shot, understanding that there’s an attornment agreement prohibiting you from being more than 20 yards away from that trail could be helpful in determining whether you fight the rule placed upon you or in time under review of existing agreements between the estate owner and the government.

Attornment agreements are not the only documents the average nature estate visitor should get to know – there are leasing agreements, tenancy agreements, sale agreements, processing agreements, employment agreements to various degrees, etc. – but because they have the ability to make or break the continuity of your time at a particular estate, being aware of them and their legal impact is essential.