How does a conservation easement differ from other types of easements?
Legally a conservation easement is similar to other easements, in that certain rights associated with a piece of property are held by someone other than the property owner. It is different in a major way: The rights conveyed by a conservation easement are negative in effect, not positive. For instance, with a road easement the landowner gives someone a positive right to cross a property. Whereas with a conservation easement, the landowner may forgo the right to subdivide the property or to clear-cut the forest. The grantee organization (the party holding the easement) does not gain the right to do the subdivision or clear-cut; rather, it holds those restrictions “in trust” and ensures that no one uses any of the rights that have been restricted by the grantor.
