Conservation Easements

Easement Holders

Introduction l Development Rights: Donation l Development Rights: Purchase l Easement Holder l Getting Started

Who holds the easement?

A conservation easement is designed to protect a property according to the owner's wishes for the future use of the land. Since the easement is generally granted in perpetuity, it is necessary for an outside party to be responsible for the monitoring and maintenance of the easement. The outside party "holds" the easement and is required to monitor and enforce the adherence of current and future property owners to the terms of the easement.

Typically, easements are held by local government agencies, land trusts or other nonprofit organizations designed to hold them. Since the monitoring and maintenance of easements requires personnel inputs in perpetuity, easement donors often are required to provide financial support for the easement if it is held by a nonprofit organization. Designating both a government agency and a nonprofit or land trust as co-holders of the easement is an alternative selected in many easements and may be required in certain public programs wherein the easements are purchased by a government preservation program or organization.

What are the responsibilities of the easement holder?

The holder has the responsibility to enforce the requirements stipulated in the easement. This responsibility generally includes:

1. Establishing baseline documentation through ensuring that the language of the easement is clear and enforceable, developing maps, property descriptions and baseline documentation of the property's characteristics.
2. Monitoring the use of the land on a regular basis. Personal visits to the property may be required to ensure that easement restrictions are being upheld.
3. Providing information and background data regarding the easement to new or prospective property owners.
4. Establishing a review and approval process for land activities stipulated in easement.
5. Enforcing the restrictions of the easement through the legal system if necessary.
6. Maintaining property/easement related records.

Conservation Incentive Programs

This summary of "Cost-share" programs describes ways landowners and citizens can share the cost of conservation projects.

Additional information and resources

• American Farm & Ranch Protection Act
• American Forests - American Forests is a world leader in planting trees for environmental restoration, a pioneer in the science and practice of urban forestry, and a primary communicator of the benefits of trees and forests.
• Virginia Land Conservation Foundation - of the Virginia Department of Conservation and Recreation
• Forest Legacy Program: Assessment of Need (English; PDF format; 1.2MB)

Last modified 2007-07-12