Managing conservation easements

Conservation means upholding the easement terms forever.

A conservation easement (also referred to as a conservation restriction) is an effective legal tool to protect significant natural and agricultural resources that benefit present and future generations. The conservation easement authorizes the land trust, in partnership with the landowner, to ensure the long-term protection of the property. Therefore, true conservation of the land depends on the ability of the land trust to  steward the land  and to do it well.

If a land trust fails to meet its basic stewardship obligations (annual easement monitoring, maintaining good landowner relationships, enforcing the easement’s terms, etc.), the consequences can be severe for both the organization and the land trust community. Effective stewardship means having solid financial and personnel capacity, effective policies and procedures that are followed consistently and sound judgment when faced with an easement violation. Finally, a land trust should be able to demonstrate how it fulfills its stewardship role and operates with transparency, consistency and fairness.