Conservation Easements

Conservation easements are permanently binding restrictions on the use of privately owned property. They are legal agreements between the landowner and a qualified recipient (such as a conservation trust) that run with the land and are typically recorded in the public deed records. The existing owner of the land remains the owner, and the property can be bought and sold. However, after execution and recording of the easement, use of the property is thereafter restricted by the terms of the easement.

The basic language of most conservation easement agreements strictly limits the kind of activity that may be conducted of the property encumbered by the easement. These agreements are therefore considered “negative easements” in that they disallow certain activities. Preservation of existing natural environments and agricultural uses are the most prevalent objectives. Typically conservation easements prohibit land disturbance activities, in particular building, paving and mining, which would alter the natural or agricultural character of the land. Maintenance activities, such as erosion control and storm damage cleanup, are allowed, as are activities consistent with the defined conservation purpose.

Some conservation organizations allow for additional activities and uses, called “reserved rights”, on property that is subject to an easement. Activities such as nature trails, maintenance sheds, pavilions, driveway easements, utilities easements, educational nature facilities, parks and other uses have been allowed. These reserved rights are negotiated between the landowner and the recipient organization, and are spelled out in the easement document.

The limited development approach also provides for other uses within the overall property by setting aside specific portions for development. These sections are not encumbered by the conservation easement and can accommodate built structures, paving and the like. Often the portions of the property that remain unrestricted are reserved for exclusive homesites, but many other uses can be allowed, provided that they do not compromise the basic conservation purpose of the protected lands.

Read more about the technical requirements of conservation easements, or check out our Resources page for more valuable info.