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Helping people protect the local wild and scenic places they care most about.


Conservation Easement

  • 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.Friends Looking
     

  • 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.

To review a copy of the Michigan Model Conservation Easement, click here.


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