Conservation Easements: A legal tool for landowners to protect their land

Understanding Conservation Easements in Nova Scotia and New Brunswick

Conservation easements are a unique tool used by landowners across Canada and other countries to protect their land long into the future.  Nova Scotia and New Brunswick both have conservation easement legislation that enables the registration and enforcement of conservation easements.

At Juniper Law, we see clients using conservation easements as a way to preserve their land for future generations while maintaining the ability to continue to enjoy and care for the land.

What is a Conservation Easement?
A conservation easement is a voluntary and legally-binding agreement between a landowner and a non-profit organization to limit certain land uses in order to protect the natural features of the land. Conservation easement legislation in New Brunswick and Nova Scotia permit conservation easements to be used to restore natural ecosystems, conserve geological or culturally significant places, or to protect the land for outdoor recreation or public education.

Common land-use restrictions in conservation easements include no subdivision of the land and limited or no forestry activities.

Although the decision to enter a conservation easement agreement is voluntary, once the conservation easement is in place, the holder of the conservation easement can legally enforce the restrictions outlined in the easement.  Importantly, the conservation easement ‘runs with the land’, meaning that all future owners of the land are required to abide by the conditions of the conservation easement.

Benefits of Conservation Easements
There are several benefits to using a conservation easement to protect land, including:

1. Preserving natural habitat: By restricting certain activities, like development or logging, conservation easements are designed to preserve the natural habitat for wildlife and future generations.
   
2. Tax benefits: Tax incentives may be available for landowners who donate a conservation easement or agree to restrict development on their property.  This can lead to potential income tax savings or credits.
   
3. Reassurance for restoration efforts: Conservation easements can be used to ensure that habitat restoration efforts and tree-planting projects will have long-lasting benefits.
4. Flexibility: The terms of each conservation easement are unique.  The landowner and the organization holding the conservation easement can negotiate mutually agreeable terms.
   
5. Continued use and enjoyment: While conservation easements limit certain land uses, the landowner can continue to use and enjoy the land in accordance with the terms of the easement.
   

Potential Drawbacks of Conservation Easements
Because conservation easements are registered to the title of the land and restrict certain land uses, they may lower the marketable value of the land.  There is also an expense associated with maintaining the terms of the conservation easements and monitoring compliance.  The organization holding the conservation easement may require funds be set aside to cover the expenses of monitoring the easement and ensuring the terms are complied with. 

Conclusion
Conservation easements are a powerful tool for landowners who wish to see their land protected long into the future.  They can be used to accomplish a variety of conservation goals and their registration to the title of the land enables them to have long-lasting impacts.  For many landowners, these benefits outweigh the potential drawbacks.

At Juniper Law, we have experience working with both landowners and organizations qualified to hold conservation easements in the negotiation of conservation easement terms, drafting conservation easements, and in consultations regarding compliance.  If you have any questions or would like to explore conservation easements, or other land conservation options further, don't hesitate to reach out to us at [email protected] or [email protected] or call 902-817-1737 or 506-238-7380.
 
*This blog post is for informational purposes only and is not intended to act as legal advice. If you are considering placing a conservation easement on your land, we recommend you consult with a lawyer who can explain the legal implications and potential risks for your unique situation.