Put very simply, a conservation easement is a restriction on the use of your property. It is a recorded
deed restriction, and the right to enforce the restriction is given to a tax-exempt charitable organization
(generally in the conservation field) or a government agency.
In its most basic form, a conservation easement will protect land against future real estate development,
industrial use, and many potential commercial uses. A conservation easement generally allows you to
continue current uses, including, for example, residential and recreational use, agriculture, forestry,
or ranching. A conservation easement protects some important conservation quality of your land, such as
habitat, open space, or scenic views.
You have the right to do a lot of different things with your property. Subject, of course, to
local zoning and public health and safety requirements, a property owner can plant trees or cut them
down, build buildings or demolish them, grow crops or raise cattle, grow peonies, dig holes in the
property, fence the property in, build a wall around it, and so forth.
 The gift of a conservation easement to a charitable organization involves voluntarily giving up
some of these rights (such as the right to build condos all over the land) and putting in the hands
of the new holder of these rights the power to enforce the restrictions on the use of the property.
Remember, if you donate an easement you are only limiting some of your rights with respect to your property.
You continue to own your land, and you can do anything with your land that
is not prevented or restricted by the easement.
Every landowner is unique and every piece of land is unique. Every conservation easement should be
unique and must be tailored to meet the needs of that particular landowner and that particular piece of land.
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Vol8 No1
