Model Conservation Easement
Conservation easements represent legally binding agreements between a private property owner and a governmental entity or charitable organization. Like any property record (e.g., warranty deed, lien, etc.), they are recorded in the public files and are binding on successive property owners. A model conservation easement outlines the key components of the legal document to be included in a deed of conservation easement. Conservation easements are a significant tool that can be used to protect various resources in a community’s green infrastructure network.
This model conservation easement sets out the key information to be included in a deed of conservation easement. Components of the easement include information on the ownership and location of the property; the purpose of the easement; prohibited uses of the property; rights reserved to the grantor; and method to extinguish the easement in the future.
The fact that conservation easements typically run with the property and are binding on successive owners preserves resources for future generations. Private property owners, government officials, and nonprofit organizations should make sure that any deed of conservation easement includes all the appropriate components to ensure that the easement is legally valid and will provide the intended protection.
