Learn how a conservation easement works

Let’s start at the beginning. You own a property with a specific heritage feature that you want to be protected in the long term. But how do you know that there isn’t already an easement on your property?

• Contact your municipal clerk’s office or the local land registry office. Because easements are registered on title, it should be easy to determine whether your property has a conservation easement already.

If you discover that someone already holds the easement on your property, reach out to them. But if you discover that there isn’t an agreement already in place, you can find an organization that may agree to hold that easement. But who does that?

• There are a few jurisdictions that can hold conservation easements. The Ontario Heritage Trust is not the only body that does this. Municipalities can, too, as well as conservation authorities   or land trusts (for natural properties). Keep in mind that the Trust has a provincewide mandate. So, it focuses on properties that have heritage features of provincial significance. If your property is of more local significance, consider asking your municipality or consult with your local Municipal Heritage Committee. For natural properties, you can also ask your local conservation authority or land trust for advice. The Trust is unique in that it can hold conservation easements that protect both cultural and natural heritage resources.

Okay, you have entered into discussions with either the Trust, your local municipality or your local conservation authority or land trust. What happens next?

• The process of registering an easement on title is multi-faceted and depends on the complexity of the features being protected. It is a multi-layered process that contains interconnected timelines. The easement holder will work with you throughout the process.

Great, now you have an easement agreement. And you have the peace of mind knowing that your property’s heritage features will be protected for generations to come. Also, the agreement ensures that good stewardship practices will continue under future owners. But what happens if you need to make alterations to your property?

• Once a conservation easement agreement is in place, its administration is fairly straightforward. A property owner proposes alterations. Then he/she works with the easement holder to ensure that the work is completed in a manner consistent with sound conservation practices and principles. The easement holder  can also offer you advice or put you in touch with conservation specialists in your area. Then it's just a matter of ongoing monitoring, done by the easement holder, of the site to remain compliant with the agreement.