How are covenants and easements used to protect archaeological sites and other historic properties?
A covenant that runs with the land can be placed by the owner of real property on the portion of the land that contains an archaeological site or other historic property. This covenant will stipulate the promise and restrictions for protecting and preserving the historic property and will bind future title holders to the covenant’s promises and restrictions. A conservation easement can protect a historic property by the owner giving right of use, such as development rights or other incompatible purpose, to a second party to disallow development on the real property that contains the historic site. Because the covenant or easement is a document that pertains to real property, it must be placed on record at the county office that registers deeds to be in effect.
