Frequently Asked Questions

What is a land trust?

A land trust is a 501(c)(3) charitable organization with the explicit mission of land conservation. Land trusts conserve land in partnership with willing landowners with land transactions including conservation easements and outright ownership of land.

What is a conservation easement?

A conservation easement is a legal agreement between a land trust and a willing landowner to forever limit the development and subdivision of a farm, forest, or other unique property. A conservation easement is specifically tailored to the goals of each individual landowner and recorded in the deed of the property. A property under conservation easement remains in private ownership.

What kinds of uses and activities are permitted by a conservation easement?

Agriculture, forest management, and noncommercial recreation are among the uses permitted by a conservation easement. A conservation easement will always permit the ability to maintain current residential uses of the property.

What kinds of uses and activities are prohibited by a conservation easement?

A conservation easement usually prohibits or greatly reduces the ability to further develop or subdivide the property. The right for limited future development or subdivision is often reserved.

How long does a conservation easement take to complete?

A reasonable time period for a conservation easement is 6 months, but it may take anywhere from 3 months to several years, from beginning to end.

How can you ensure the terms of the conservation easement are not violated by future landowners?

The Delaware Highlands Conservancy conducts annual site visits to the property to address any issues that may arise. In most cases, landowners and the Conservancy alike enjoy the annual site visit. In the case of a violation of a conservation easement by a future landowner, the Conservancy has a Legal Defense Fund specifically dedicated to defending its conservation easements.

Can a property with a conservation easement be sold?

Yes. The Delaware Highlands Conservancy will work in partnership with the new owners to ensure that the new landowner understands the terms of the conservation easement and that the terms of your easement are upheld by the new landowner.