What is a conservation easement?
A conservation easement is a legal agreement between a landowner and land trust that permanently protects the natural features of the land. Easements are a practical way for landowners to protect the natural resources of 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 commercial and industrial activity and any activities that would harm significant natural features. The terms of an easement are dependent upon the individual landowner's desires.
Does a conservation easement mean public access?
No. The landowner decides whether to allow public access. If public access is permitted, it is usually for a specific area of the property such as a marked trail or an access point to a body of water. Most landowners do not allow public access in their conservation easement.
Must the easement cover a person's entire property?
No. A landowner can place all or a portion of the property under easement. Landowners are encouraged to consider their future needs, and if appropriate, to keep a building site for future sale.
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 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.
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