Any landowner may give an easement, provided the property has conservation values that meet federal and state criteria for conservation purposes and public benefit. If the land is owned jointly or partially, all owners must consent to placing an easement on the land. If the property is mortgaged, the landowner may need to obtain an agreement from the lender to subordinate its interests to those of the easement holder. A conservation easement may be conveyed to a public agency or to a conservation organization that qualifies as a public charity under Internal Revenue Code 501c (3). The recipient organization is required to have adequate resources to enforce the terms of the easement in perpetuity.
Posted in: Easement FAQ