Negative & Conservation Easements

Question 1

An easement that restricts the servient owner’s right to perform some act on the servient parcel

Answer 1

Negative Easements

Question 2

Agreements not to block windows for light
Agreements regarding the flow of air in a defined channel
Agreements regarding the flow of water in a defined channel
Agreements regarding the removal of support from a building

Answer 2

Negative easements recognized under English common law included only four categories:

Question 3

The owner agrees to restrict the use of the property for specific purposes (e.g., open space, forests, undeveloped land, wildlife areas, historical sites, etc.)

Answer 3

Conservation Easements

Question 4

Typically granted to a land trust, non-profit organization, or a state or federal agency

Answer 4

Conservation Easements

Question 5

Owner usually receives monetary compensation and/or a tax deduction for the decrease in value of the land

Answer 5

Conservation Easements

Question 6

Owner may continue to use the land as permitted by the easement (e.g., hiking, fishing, etc.)
Binding in perpetuity

Answer 6

Conservation Easements