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 Pennsylvania Deed of Conservation Easement is a legal document that grants a landowner the ability to protect and preserve their property's natural, historic, and scenic values. It is a voluntary agreement between the landowner and a qualified organization, such as a land trust, government agency, or conservation organization, which limits certain uses and development rights on the property. The purpose of a Pennsylvania Deed of Conservation Easement is to ensure the perpetual conservation of the land while allowing for continued private ownership. Landowners who choose to enter into a conservation easement agree to permanently restrict specific activities on their property to maintain its conservation values. This safeguards the property from future development and ensures the preservation of significant natural resources, biodiversity, wildlife habitats, forests, farmlands, and cultural or historical features. A Pennsylvania Deed of Conservation Easement is recorded with the county's recorder of deeds to ensure its enforceability and continued protection over time. It binds not only the current landowner but also all future owners of the property, making it a lasting commitment to conservation. The easement document contains legal language outlining the agreed-upon restrictions, rights reserved by the landowner, and responsibilities of the responsible organization. In Pennsylvania, there are different types of conservation easements that landowners may choose based on their property's unique characteristics and conservation goals: 1. Scenic Conservation Easement: This type of easement emphasizes the protection of scenic landscapes, views, and historical landmarks. It ensures that the natural beauty and cultural heritage of the land are preserved for future generations. 2. Agricultural Conservation Easement: Specifically designed for agricultural lands and working farms, this easement focuses on safeguarding farmland from development while still allowing for traditional farming and related activities. 3. Riparian Conservation Easement: These easements aim to protect and restore the ecological health of water bodies, such as rivers, streams, and wetlands, by establishing buffer zones and restricting harmful activities that may degrade water quality. 4. Natural Resource Conservation Easement: This type of easement focuses on the preservation of critical natural resources, such as forests, wetlands, wildlife habitats, and unique ecosystems. It ensures that the land remains undisturbed and supports the biodiversity and ecological integrity of the area. 5. Historic Conservation Easement: This easement is tailored to protect historical buildings, structures, and sites of cultural significance from alteration, demolition, or unsuitable development. It helps preserve the architectural, historical, or archaeological integrity of the property. In summary, a Pennsylvania Deed of Conservation Easement is a legally binding document that allows landowners to protect their property's natural, historical, and scenic values through limiting specific activities and development rights. Different types of easements cater to various conservation objectives, such as scenic preservation, agricultural protection, riparian health, natural resource conservation, and historical preservation.
