What is a conservation easement?
A conservation easement is a legal agreement between a landowner and land trust or conservation group that places permanent restrictions on the land use. Easements are a practical way for landowners to protect their property while retaining ownership.
What activities might an easement prohibit?
Generally, easements will either limit or prohibit the subdivision of a property. Most easements prohibit commerical and industrial activity and any activities that might disturb wildlife habitat. However, the terms of the easement are dependent upon the individual landowner's desires.
Does a conservation easement give the public right of access?
Not necessarily. The landowner decides whether to allow public access. If a landowner permits public access, it is usually for a specific area of the property, such as a marked trail or an access point to a body of water.
Must the easement cover a person's entire property?
No. A landowner can place all or a portion of the property under easement.
Does a conservation easement restrict the landowner's ability to sell or bequeath the property in the future?
No. Landowners can sell or bequeath property that is protected with a conservation easement. Since easements are permanent, the restrictions run with the land and bind all future owners.
How are conservation easements enforced?
The conservation easement holder is legally obligated to uphold the terms of an easement. With a regular, documented monitoring program, easement violations are generally prevented. Periodic monitoring visits serve as a reminder that the landowner is legally bound to keep the property maintained according to the easement terms.
Want to hear about Jan Burda's experiences placing a conservation easement on his property?Click here to listen to his interview on Public Radio. This interview was funded by LandScope America, http://www.landscope.org/.
protect their property while retaining ownership.