What is an Easement PDF Print Email

As a property owner you possess not only the land itself but a number of rights that go with that land -- such as the right to live on the land, to build a house on it, to restrict access to it, to subdivide it, to sell the land, and to pass it on to heirs. The rights to build and to subdivide your property are called "development rights", and these can be separated from the other rights of ownership. A conservation easement is a legal agreement between a property owner (whether an individual or a group such as a Community Association or corporation) and a qualified land trust, such as the Scenic Rivers Land Trust, whereby the owner agrees to limit the type and amount of future development on all or part of a piece of property. The landowner donating a conservation easement can continue to use and enjoy the land, sell the property, pass it on to heirs, etc. as before, but is generally prohibited from further development except within conditions stated in the agreement. A conservation easement does not require any public access to your property - it is still your private property.

The decision to create and donate a conservation easement is entirely voluntary. However, once the restrictions specified in the agreement are set in place, they "run with the land" and are binding in perpetuity on all future owners of the land. The land trust has long-term responsibility for monitoring use of the land to ensure compliance with the terms of the agreement.

The terms of conservation easements are flexible and are tailored to meet the needs and goals of the landowner. For example, on larger properties the terms of the easement may reserve home sites for the owner's children, or, if desired, leave a portion of the property for sensitively designed, limited development.

 

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