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 Rhode Island Deed of Conservation Easement is a legal document that allows landowners to permanently protect and conserve natural resources, scenic landscapes, historic sites, and wildlife habitats on their property. By voluntarily entering into this agreement, landowners agree to restrict certain uses or activities on their land to preserve its unique characteristics and ecological value. The Rhode Island Division of Forest Environment and Conservation oversees the implementation and enforcement of conservation easements throughout the state. These easements are recognized under Rhode Island General Laws, specifically Title 34, Chapter 39, Section 34-39.1. There are several types of Rhode Island Deed of Conservation Easements, each designed to address particular conservation goals and objectives. Here are a few common types: 1. Ecological Conservation Easement: This type focuses on protecting and enhancing ecological systems, including wetlands, forests, rivers, and wildlife habitats. Landowners agree to maintain the natural integrity of these ecosystems and limit activities that may cause harm to the environment. 2. Scenic Conservation Easement: Scenic easements aim to preserve the visual aesthetics of a landscape, particularly those with significant historical, cultural, or recreational value. These easements typically restrict the construction of buildings or any activities that could impede scenic views. 3. Agricultural Conservation Easement: Agricultural easements aim to protect farmland and encourage sustainable agricultural practices. Landowners agree to conserve agricultural resources, prevent non-agricultural development, and maintain the land's productive capacity for farming activities. 4. Historic Preservation Easement: This category involves the protection of historically significant buildings, structures, or sites. Landowners agree to maintain and preserve the historical features of their property while limiting alterations or destructive changes. 5. Riparian Conservation Easement: Riparian easements focus on protecting and restoring the natural habitat along rivers, streams, and other water bodies. Landowners agree to prevent erosion, water pollution, and other activities that could harm the water quality or disrupt the riparian ecosystem. Rhode Island Deed of Conservation Easements serve as powerful tools in land conservation efforts, allowing private landowners to actively participate in preserving the state's natural resources and cultural heritage. These voluntary agreements help maintain biodiversity, protect scenic beauty, promote sustainable land use practices, and ensure the long-term well-being of Rhode Island's ecological systems.
