What is a preservation agreement? How is it different from a drain easement or a utility easement?
Drain easements and utility easements are examples of “affirmative” easements. An affirmative easement is the right of one person to enter the property of another and “do something thereon”. Affirmative easements are what most of us are familiar with.. For example, right-of-way easements to permit passage to a landlocked property or utility easements, that permit the power or water company to enter the property to construct and maintain electric or water lines, are common affirmative easements. A preservation agreement is a type of “negative” easement. A preservation agreement is a voluntary legal agreement — essentially a contract — between a landowner and a land conservancy or public agency. The contract requires the landowner to give up, or severely limit, certain uses of the property. Nevertheless, the landowner continues to own the land and may use it in any way as long as the easement is not violated. Like other easements, a preservation agreement “runs with the land” and binds
