News & Events

Can I sell, develop or bequeath a conservation easement?

Author: Stephanie Wiegand | 06/20/16

Yes. Land protected by a conservation easement may be sold, bequeathed or otherwise transferred at any time. However, transferring ownership will not affect the integrity or enforcement of the conservation easement. The restrictions defined in the conservation easement are tied to the land title forever.

Since an easement may only apply to certain portions of a property, for example, to preserving open or wooded areas, the rest of the land can be developed. Ownership of the portion of land protected by the conservation easement may be divided for limited or cluster development if the granting landowner deems this appropriate.