What is a Conservation Easement?

Access to the Facts:

Despite their actual simplicity, Conservation Easements have become clouded by myth and legend, not all of it good. It is important for BCRLT Landowners to have access to the facts about what a Conservation Easement is and is not; what it does and what it does not do when placed on a piece of land. So, here is the basic straight scoop about what a Conservation Easement IS and IS NOT. 

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A Conservation Easement IS a private contractual agreement between a Landowner and a Land Trust. 

The purpose of the conservation easement is to ensure long-term preservation of the conservation values of that piece of property (scenic vistas, agricultural tradition, wildlife habitat, etc.) regardless of who owns the property in the future. In it’s most common form, a conservation easement is a voluntary agreement between a Landowner and a Land Trust whereby a Landowner chooses to donate and convey part of his or her property rights to the Land Trust to accomplish the conservation of the property and agricultural operations if any.

Although each case is different, the real property interest (property right) that is typically donated when a conservation easement is created is the right to subdivide and develop the land for residential or industrial uses. So, after creation of a conservation easement, depending on the terms of that particular easement, the landowner’s right to subdivide and sell off parts of the land, or to build more homes or to conduct mining or logging operations or other industrial uses on the property may be restricted or prohibited altogether.

The specific terms of each conservation easement are spelled out in a document called a Deed Of Conservation Easement In Gross (“Deed”). The Deed will be signed and acknowledged by the Landowner and the Land Trust and then, since it is a real property document, it will be recorded in the county wherein the real property is located. The conservation easement is created once the Deed is signed by the Landowner and by the Land Trust.

The Landowner DOES retain all of the pre-existing property rights not restricted by the Conservation Easement. 

Many BCRLT Landowners continue to live on and ranch their conserved lands and choose to pass those lands on to their children and grand children. 

A Conservation Easement IS perpetual and runs with the land.

Like many other easements that might burden a property (access, utilities, etc.), when a property subject to a Conservation Easement is sold, it is sold subject to the terms of that easement.  The new owners have the same rights and restrictions that the donating Landowner enjoyed.  This pattern continues forever as a Conservation Easement will not expire or terminate by it’s own terms.

A Conservation Easement DOES NOT include or involve the government and DOES NOT create public access across private land.

A Conservation Easement is a private contractual agreement between a Landowner and a Land Trust.  It does not grant any right, title or interest in the property to any other individual or entity, including the government, state, federal, local or otherwise.  A Conservation Easement does not create or grant public access unless the Landowner and the Land Trust both wish to do so.