The majority of the work of the Monadnock Conservancy involves assisting private landowners with the process of conveying conservation easements, and seeing that the easements are enforced.
A conservation easement is a legally binding agreement, made between the owner of a property and a qualified conservation organization such as the Monadnock Conservancy, that restricts development and other intensive uses of the land. The landowner retains ownership, including the right to sell, give, or transfer the property to a new owner at any time, but gives up the right to certain uses that are restricted by the easement.
An easement describes restrictions on development and other uses in order to protect the land’s conservation values. An owner can work with the Conservancy to determine the exact scope of these restrictions. For example, residential or commercial construction may be prohibited entirely, or can sometimes be limited to specific sites. Other typical restrictions include prohibiting removal of topsoil and gravel, heavy or unsustainable logging, construction of billboards, commercial and residential buildings, and other uses that are detrimental to natural resource conservation.
The easement also may specifically reserve the right for certain uses: educational and scientific activities, public recreational access in certain areas and in perpetuity, construction of agricultural buildings, or other uses that conform to the purposes of the easement. Other reserved rights may include building a cabin or a pond on the property at a future date, or reserving the right to withdraw a house lot. These rights are negotiated between the landowner and the Conservancy.
Landowners who grant conservation easements make their own choices about whether to open their property to the public. Some landowners convey specific public access rights, such as allowing fishing in designated areas, or hiking along a clearly defined trail. Others do not. Public access is more often granted when the property has a history of public use and is considered an important recreational resource.
All subsequent owners must also comply with the easement, and the Monadnock Conservancy accepts the legal responsibility for ensuring that the terms are observed in perpetuity and for seeking redress if violations occur. The easement is recorded at the Registry of Deeds so that all future purchasers or lenders and other interested parties will have notice of the restrictions when they obtain title reports.
Any owner of property with significant conservation values that meet the criteria of the Conservancy may grant an easement. If the property belongs to more than one person, all owners must approve. If the property is mortgaged, the lender must also agree.
Every property is different, and every landowner has different needs and goals. The Monadnock Conservancy works with each landowner to structure an easement that meets mutually agreed objectives.
