Creating Conservation Easements: Pros vs. Cons, Pre-Drafting Considerations, Key Agreement Provisions

This CLE webinar will provide a comprehensive overview of when and how to establish conservation easements on property. The panel will examine the pros and cons and due diligence considerations when determining whether to establish permanent limitations on the use and development of property. The panel will also address key provisions to be included in the easement agreement and offer best practices for guiding clients through this complex transactional process.

A conservation easement is a voluntary legal agreement between the landowner and a third-party "holder," typically a nonprofit land trust or government agency, that limits the type and amount of development that can occur on the property. Often, these easements are considered by landowners who have an interest in land preservation for environmental or agricultural purposes. While the landowner continues to own the property and can sell it or pass it on to their heirs, the easement restrictions remain in perpetuity, binding future owners. 

Given the permanence and complexity of these transactions, counsel should understand what is involved in establishing a conservation easement so they can guide clients through the process and offer insight on important considerations including: (1) the benefits of establishing a conservation easement such as environmental protection and financial incentives; (2) the challenges a conservation easement may present such as potential impact on property value given the permanent nature of the easement; and (3) key provisions to be included in the easement agreement.

Listen as our expert panel provides a comprehensive overview of conservation easements including the benefits and challenges, due diligence considerations, and key provisions to be included in the easement agreement.