Conservation Easement

When a landowner voluntarily restricts the use of their land.  The decision to place a conservation easement on a property is strictly a voluntary one where the easement is sold or donated. The restrictions of the easement, once set in place, "run with the land" and are binding on all future owners of the property (in other words, the restrictions are perpetual).  The restrictions are spelled out in a legal document that is recorded in the local land records and the easement becomes a part of the chain of title for the property. In a conservation easement, a landowner still maintains ownership of his or her property and can customize the easement to fit the needs of the landowner and the particular resources that they wish to protect. Conservation easements are held by an organization – usually a land trust – which assists in the creation of the easement and sees that it is being followed from year to year. There are often certain tax incentives and benefits to placing a conservation easement on a piece of property, provided that certain conditions are met.

The primary purpose of a conservation easement is to protect land from certain forms of development or use. Lands for which conservation easements may be desirable include agricultural land, timber resources, and/or other valuable natural resources such as wildlife habitat, clean water, clean air, or scenic open space. Protection is achieved primarily by separating the right to subdivide and build on the land from the other rights of ownership. The landowner who gives up these "development rights" continues to privately own and manage the land and may receive significant state and federal tax advantages for having donated and/or sold the conservation easement. Perhaps more importantly, the landowner has contributed to the public good by preserving the conservation values associated with their land for future generations. In accepting the conservation easement, the easement holder has a responsibility to monitor future uses of the land to ensure compliance with the terms of the easement and to enforce the terms if a violation occurs.

Click here to see a video explaining Conservation Easements.