An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
A North Dakota Deed of Conservation Easement is a legal document that establishes a voluntary agreement between a landowner and a government agency or a land trust. This agreement restricts certain uses and development rights on the property to protect its conservation values and natural resources. Conservation easements are designed to preserve the ecological, agricultural, scenic, or cultural features of a piece of land. In North Dakota, there are two main types of Deed of Conservation Easements: 1. Agricultural Conservation Easement: This type of easement focuses on protecting the agricultural viability and productive capacity of the land. It aims to prevent the conversion of valuable agricultural lands into non-agricultural uses. By voluntarily entering into an agricultural conservation easement, the landowner maintains ownership of the property while restricting future development activities that could negatively impact agricultural productivity. 2. Natural Resource Conservation Easement: This type of easement is aimed at preserving the natural resources and their associated habitats found on the property. It can encompass a diverse range of features, including wetlands, forests, riparian areas, wildlife habitats, or significant geological formations. By placing a natural resource conservation easement on the property, the landowner ensures the long-term protection of these valuable resources, preventing their degradation or destruction. The North Dakota Deed of Conservation Easement legally binds the landowner to the terms of the agreement, specifying the rights and restrictions imposed on the property. This document includes detailed descriptions of the property, the conservation purposes to be achieved, and the activities that are permitted or prohibited on the land. It may also cover provisions related to monitoring, enforcement, amendment, or termination of the easement. It is important to note that entering into a North Dakota Deed of Conservation Easement can provide certain benefits to landowners. These may include potential tax incentives, reduced property taxes, protection of property values, and the satisfaction of leaving a lasting conservation legacy. Overall, the North Dakota Deed of Conservation Easement is an effective tool to balance landowner's rights with conservation priorities. It encourages the long-term protection of natural resources, agricultural lands, and important ecological features, ensuring their preservation for future generations.
