Congaree Land Trust

Conservation Easements

A conservation easement (CE) is a tool landowners can use to voluntarily protect their land. It is a legal agreement between a landowner and a private, nonprofit conservation organization, like the Congaree Land Trust (CLT), or a government agency, that permanently protects a property from development and subdivision. Some people consider a conservation easement the ultimate property right, as it allows the landowner to determine the future of the property and what it will look like for generations to come. Once a CE is recorded in the land records, all future owners are bound by its terms forever.

When you do a CE on a piece of property, you voluntarily and permanently give up some of the rights related to that property. For example, you typically give up the right to develop the property for commercial or industrial purposes. In some circumstances, you may be able to retain some limited rights to subdivide and/or build additional residential structures and related buildings on the property. You continue to own and live on the land and manage it as before the CE whether it be for farming, forestry, hunting, fishing, or general outdoor recreation. Even with a CE, you are still able to sell the property or leave it to your heirs.

When you create a CE on your land, the CE holder, such as CLT, accepts the responsibility to monitor the easement and to enforce its terms forever. We will visit the land annually, and we must be prepared to defend the terms of the CE agreement in court.