Easements
What is an easement?
An easement is the grant for the of use of one's property to another party. The grant of use is considered a type of possession, or property right, with real value. Conservation easements are restrictions on the use of one's property that provide a benefit to the public. The actual "use" granted to the public, however, is entirely up to the owner and may be no more than protection of the property from development, or preservation of its conservation, agricultural, or scenic value. The easement is attached to the deed, and permanently restricts development or use according to the conditions of the easement, in perpetuity, regardless of future ownership.
Why create a conservation easement?
Many landowners want to have the satisfaction of knowing that their land will remain forever undeveloped, and will not be used in a way that is contrary to their conservation values. This would include subdivision or development for exploitation of forests, minerals, water; or use for landfill, advertising, or other commercial purposes such as a campground or a trailer park. Through conservation easements, the owners can restrict all present and future use that is contrary to the ways in which they want their land treated. The actual restrictions are entirely up to the landowner, but the final legal document is binding on all owners, present and future, and enforceable by law. Obviously, current owners can oversee their property, but because the easement is permanent, the conditions of the easement apply to all future landowners as well.
