Posted by: Archipelago Law in Conservation Easement, Environmental, Land Use, Prescriptive Rights, Property Law on October 8, 2026
When you think of Maine, you think of pristine coniferous woods, serene ocean inlets, and idyllic farm fields fenced in by wildflowers. What you may not know is that some of these beloved Maine places exist because of a conservation easement.
What is a conservation easement?
When a landowner has a piece of land they are interested in conserving, they work with a conservation entity, such as a land trust or state agency, to create a conservation easement. A conservation easement is a legally binding agreement entered into voluntarily by a landowner and a conservation entity. Like the land itself, the conservation goal is unique to each easement. Conservation easements can exist to prohibit development, or protect historic, ecological, scenic, or recreational features of the land. Ultimately the landowner retains title to land, but the agreement between the landowner and conservation entity dictates the allowable uses of the conserved land.
What are the benefits?
It is important to note that a conservation easement is not the sale of land. The landowner still retains the land and all rights not transferred through the easement. The land can be sold by the landowner or passed down to heirs, subject to the easement restrictions.
The benefits of a conservation easement to a landowner can be aesthetic, monetary, or both. For some landowners, the peace of mind knowing the unique properties of their land are protected for future generations in invaluable. For others, charitable income tax deductions and reassessment of land at a reduced value can relieve the burden of home ownership expenses.
Ultimately the biggest benefit is that conservation easements are not one size fits all – easements can be crafted to meet landowner and conservation entity needs.
What are the drawbacks?
Despite the benefits, there can be drawbacks to entering into a conservation easement on your property. As mentioned above, conservation easements require the relinquishment of some rights to the conserved area, such as how the area is maintained and who can access the area. A violation of the easement terms can cause legal issues for the landowner, so it is important to determine which terms are acceptable prior to creating an agreement. Lastly, the existence of a conservation easement on a property may affect resale options or value, if the owner someday wishes to sell.
How a lawyer can help
If you are interested in creating a conservation easement on your land, Archipelago can assist in finding a conservation entity interested in working with you, help negotiate and structure agreement terms, and ensure you are receiving all possible benefits from the process.
— Jess Wibby, Associate