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.
The New Hampshire Deed of Conservation Easement is a legal document that establishes a voluntary agreement between landowners and conservation organizations or government entities to protect important natural, scenic, or cultural resources on a property. This legally binding agreement restricts certain activities or land uses on the property to ensure long-term conservation and preservation. Conservation easements play a significant role in preserving open space, safeguarding wildlife habitats, maintaining water quality, and promoting sustainable land use practices. By implementing a conservation easement, landowners can contribute to the protection of these vital resources, while still retaining private ownership and certain rights on their property. The New Hampshire Deed of Conservation Easement includes specific details regarding the property's boundaries, the conservation objectives, the permitted and prohibited uses, and the responsibilities of both the landowner and the holder of the easement. These details help to ensure that the conservation objectives are met and that the land continues to be managed in a manner consistent with the agreed-upon terms. There are different types of New Hampshire Deed of Conservation Easements, each tailored to meet specific conservation goals or address unique property characteristics. Some common types include: 1. Natural Resource Protection Easement: This type of easement focuses on the conservation of natural resources such as forests, wetlands, wildlife habitats, or water bodies. It outlines regulations and management practices that safeguard these resources and prevent their degradation or destruction. 2. Scenic or Historic Easement: These easements aim to preserve the scenic or historical value of a property or landscape. They often impose restrictions on development, building heights, signage, or alteration of significant features to maintain the property's aesthetic and historical integrity. 3. Agricultural or Farmland Easement: Agricultural easements protect working farms and farmland by restricting non-agricultural development, promoting sustainable agricultural practices, and preventing the conversion of agricultural land to other uses. These easements can provide financial incentives to farmers, ensuring the continuation of farming operations. 4. Recreational or Public Access Easement: This type of easement allows for public access to the property for recreational activities such as hiking, fishing, or hunting. It ensures that the land remains accessible for public enjoyment while preserving its ecological or scenic values. 5. Riparian or Wetland Easement: Riparian or wetland easements focus on the protection and restoration of riparian zones and wetlands, which are critical for maintaining water quality, preventing erosion, and supporting diverse ecosystems. These easements often impose restrictions on land use near water bodies to safeguard these sensitive habitats. In conclusion, the New Hampshire Deed of Conservation Easement is a powerful tool that supports the preservation of land and its valuable resources while allowing landowners to maintain private ownership. Through various types of easements, New Hampshire seeks to protect its natural, scenic, historical, and agricultural assets for the benefit of current and future generations.
