What is the difference between a deed restriction and an agricultural conservation easement?
The two differ in degree of enforceability and permanence. Enforcement of deed restrictions is left to neighboring property owners, who may or may not choose to exercise that authority. Under certain circumstances, deed restrictions can become unenforceable by a court. The deed restriction can also be extinguished by the written agreement of all neighboring property owners. Deed restrictions, however, do not qualify landowners for state and federal tax benefits because of the lack of assurance that the restrictions are permanent. By contrast, having a land trust involved and charged with the in perpetuity responsibility for enforcement guarantees that he development rights are permanently removed, thereby qualifying the landowner for tax benefits under state and federal laws. The terms of an agricultural conservation easement obligate the land trust organization to fulfill monitoring and enforcement responsibilities.
