Conservation Easement -- FAQ
- What is a Conservation Easement?
- A conservation easement is a legal agreement between a landowner and a land trust or government agency that protects features that make the land special. The agreement is voluntary and can be tailored to the landowner's wishes regarding the future use of the land. The landowner retains ownership, use, and control of his property and can sell it or pass it on to heirs. Typically a conservation easement restricts development or uses that would destroy natural, scenic, or historic areas while at the same time allowing other traditional uses such as farming, forestry, hunting, hiking, and fishing. Easements are an excellent way to preserve our rapidly vanishing countryside. Conservation easements are permanent and are written into a conservation easement deed.
- What does the residential property disclosure statement say?
- The owner(s) makes no representations with respect to whether the property is subject to one or more conservation or other easements and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract.
- Why is this information important?
- Before buying a home prospective purchasers may want to know if a conservation easement exists on the property, as it could impact their ability to develop the land.