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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.
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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.
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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.
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Must the easement cover a person's entire property?
No. A landowner can place all or a portion of the property under easement.
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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.
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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.
