What rights do landowners retain?
Grantors of conservation easements retain title to their property. Both the donated and reserved rights are specified in the easement document. The donated rights are the uses of the land that become prohibited (e.g., commercial logging and surface mining) or restricted (e.g., the number, type, location, size, and uses of buildings and structures). Although some landowners may grant limited public access, most reserve the right to regulate use by the public and by guests as they choose. Owners may still construct fences and agricultural structures, make necessary improvements, and undertake habitat restoration projects. They may sell, gift, transfer, or mortgage the easement parcel, conduct ranching operations, harvest trees for use on the property, and occupy and use their property in any way that is both compatible with the specific terms of the conservation agreement and in keeping with the overall conservation purpose of the easement. The easement will also include some land stewar
