Essential Guide: Unlocking the Benefits of Conservation Easements for Property Owners

Let’s talk about a conservation easement! Generally, property owners have absolute control over the land they own. Sometimes, however, an owner’s control over his land is less than complete. One such instance is when the land is subject to an “easement.” An easement is a legal right that allows one party to use another party’s land for a specific purpose. Although the holder of an easement is said to have an “interest” in the other party’s land, easements do not confer title to the land on which the easement is imposed. Easements can be used for various purposes, such as allowing access to a roadway, running utility lines, or using a path across someone else’s land.

One particular type of easement is the “conservation easement,” which is governed by Fla. Stat. § 704.06. Conservation easements convey a right or interest in real property for the purpose of retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance.

Conservation easements may be acquired by any governmental body or agency, or by a charitable corporation or trust whose purposes include protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving sites or properties of historical, architectural, archaeological, or cultural significance.

The statute places several restrictions on land covered by a conservation easement. Among other things, Fla. Stat. § 704.06 prohibits or limits the construction or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground, and the removal or destruction of trees, shrubs, or other vegetation.

While a conservation easement may be released by the holder of the easement to the owner of the land, they are otherwise perpetual. In other words, they are binding on all subsequent owners of the land on which the easement is found no matter how the owner acquires the land. Conservation easements may be enforced by injunction and entitle the holder to enter the land in a reasonable manner and at reasonable times to assure compliance. Unless a prospective buyer is able to negotiate a release of the conservation easement, he must be aware of the restrictions to which the land is subject.

If you need help with conservation easements, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.   

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.  

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].