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What are conservation easements, and when are they applicable?

On Behalf of | May 30, 2024 | REAL ESTATE LAW - Development |

Real estate development projects can present opportunities to drive economic growth and revitalization, benefitting the local communities. Developers usually consider these factors when planning a project, including amenities and revenue sources that could have advantages or disadvantages. Additionally, they are responsible for proceeding appropriately, especially if the structure is subject to specific regulations, such as conservation easements.

Under specific circumstances, a location may be ineligible for new real estate developments. The right to retain the land or water areas or a conservation easement helps preserve the current state of the location. It could apply to the following venues:

  • Habitats of protected local wildlife
  • Scenic agricultural land that adds value to the locality
  • Locations with cultural or historical significance
  • Places with architectural aesthetics meant for preservation
  • Cemeteries or other pieces of land that contribute to the local community’s heritage

Aside from real estate developments, these locations may also regulate or prohibit structures, excavation and removal of existing vegetation. These rules may also exist because the areas are naturally unsafe and unsuitable for any form of real estate development. Learning and understanding these details could be crucial to avoid wasting time and money on a project that might be unlawful.

Understanding regulations involving real estate developments

Understanding this type of easement is vital, mainly when environmental policies also apply based on the situation. Before planning a project, developers could seek legal counsel to navigate the process of vetting suitable sites while complying with these regulations. If they overlook any limitations, they could face legal issues that may require additional resources to resolve. By planning and preparing efficiently, they can avoid unnecessary costs without harming local ecosystems and communities.


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