What is a Conservation Easement?

A conservation easement is a voluntary contract between a landowner and a land trust, government agency or another qualified organization in which the owner places permanent restrictions on the future uses of some or all of their property to protect scenic, wildlife, or agricultural resources (conservation values). The restrictions usually limit the number of future home sites but can, and often do, limit other uses as well.

Conservation easements are specifically tailored to meet the needs of each landowner; few conservation easements look alike because few properties are the same, and few landowners want exactly the same provisions. The easement is donated by the landowner to the land trust, which then has the authority and obligation to enforce the terms of the easement in perpetuity. The landowner still owns the property and can use it, sell it, or leave it to heirs, but the restrictions of the easement stay with the land forever.

The easement document itself is a legal instrument signed and recorded in the county of record. Since the conservation easement continues on the land forever, the restrictions remain on the property even after the landowner dies or sells the property.