Typical Easement Provisions

Easements typically set out certain activities that are prohibited, such as commercial uses, draining and filling of wetlands, subdivision, etc., while also clarifying the rights retained by the landowner, such as the right to residential, agricultural uses, and the right to maintain, repair and replace existing homes, barns, garages or other structures. A central purpose of easements is to limit or prohibit residential, commercial, and industrial development, while typically allowing agricultural, horticultural and forestry uses. The primary goal is to protect the property and preserve it in its current state while not interfering with the landowner's current uses of the property. It is important to note that granting an easement does not give the public access to the property.

Once the deed of conservation easement has been signed and recorded, the land trust or public agency that 'holds' the easement then has an ongoing obligation to monitor the property on a regular schedule (with prior notice to the landowner), in order to determine that the owner is complying with the terms and conditions of the document.

For a look at a typical Maryland Environmental Trust conservation easement go to: http://www.dnr.state.md.us/met/model.html

TOPICS IN THIS SECTION
What is a conservation easement?
Typical Easement Provisions
Donation vs. Sale of an Easement
Glossary of Conservation Terms
IN THIER OWN WORDS

What motivates landowners to protect their land? Hear what landowners say about why they donated or sold a permanent conservation easement on their land.

"When we first bought the land in 1963, we viewed it as a financial investment. But our views matured to where preservation became more important than monetary gain. To us, it's a matter of spiritual and moral growth. We have 130 beautiful acres out here and I feel at ease when I look out at the land. Of course, we'll never be as rich as we thought we'd be, but our little piece of land will stay as it is -- and that now means everything to our family."

C.J. and Emily Swet, Frederick County, Maryland. MET Easement recorded in 1979.

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