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What is a conservation
easement? A conservation easement is a legal agreement
between a landowner and a
land trust or conservation group, which places permanent restrictions
on the land use. Conservation easements are a practical way for
landowners to protect their property and still retain ownership.
What activities might an easement prohibit? Generally,
conservation easements will either limit or prohibit the
subdivision of a property or the erection of structures thereon.
Most conservation easements prohibit
commercial and industrial activity, topsoil
removal, billboards and any activities
that might disturb wildlife habitat.
However, the terms of the easement
are dependent upon the individual
landowner’s desires.
What uses are permitted? Agricultural, forestry and
wildlife management
activities are allowed. For
example, to preserve a scenic view
across a field, an easement might stipulate
periodic mowing.
Does a conservation easement
give the public access? Not necessarily
- the landowner decides whether
or not to allow public access. If a landowner permits public access, it
is usually for a specific area of the property, such as a marked trail
or an access point to a body of water.
Must the easement cover a
person’s entire property? No.
A landowner can place all or a portion
of the property under easement.
Does a conservation easement
restrict the landowner’s ability
to sell or bequeath the property
in the future? Landowners can sell
or bequeath property that is protected
with a conservation easement. Since
conservation easements are permanent,
the restrictions run with the land
and bind all future owners.
This information was
taken from Ausbon
Sargent Land Preservation Trust (ASLPT),
“Questions And Answers About Conservation
Easements,” which also addresses financial
benefits, enforcement practices and the easement
process. Formed in 1987, ASLPT now
serves 12 communities—Andover, Bradford,
Danbury, Goshen, Grantham, New London,
Newbury, Springfield, Sunapee, Sutton,
Warner and Wilmot. For more information, call ASLPT at (603) 526-6555
or email:
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