How does a conservation easement affect the owner s property rights?
It affects property rights only to the extent spelled out in the easement document signed by the property owner. Think of owning land as holding a bundle of property rights that could be used, commercialized or sold. Timber rights, water rights, mineral rights and development rights are familiar examples. A land owner may sell or donate all or some of these rights through a conservation easement. In fact, conservation easements allow a landowner to exercise the right not to develop. The conservation easement needs to be carefully drafted to ensure it accurately reflects which rights the landowner wants to restrict or give up entirely, and which ones he or she wants to retain.
Related Questions
- Can a private landowner donate a conservation easement to convey away the propertys development rights but still continue to use the property as before the easement was granted?
- How do mineral rights, since someone else often owns them, affect the rights of a property owner?
- How does a conservation easement affect the owner s property rights?
