Understanding conservation easements

At its most basic, an easement agreement is a voluntary legal agreement between the property owner and the easement holder that protects a property’s heritage features from being torn down, damaged or destroyed. That doesn’t mean you can never renovate a building protected by an easement or make changes to your protected natural area. Instead, it means you will work alongside the easement holder to identify your options. Together, you can then work out a plan to proceed with your project.

It should be emphasized that easement agreements are in perpetuity — they are registered on title to a property. That means when you sell the property or leave it for the next generation to inherit, the easement carries right along with it. The same levels of protection remain in place, no matter who owns the property.

Examples of properties with conservation easements:

• a house that has unique architectural features or was once home to a famous Ontarian
• a woodlot where rare plants thrive
• a property where interesting archaeological artifacts have been found