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| Agricultural Easements vs. Conservation Easements
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Legally, an agricultural easement is a form of a conservation easement (and is, in fact, sometimes referred to as an “agricultural conservation easement”). But for illustrative purposes, it is useful to talk about how an agricultural easement is often different from a classic conservation easement.
Many conservation easements are designed to keep a piece of property looking the way it does now. Often the primary goal is to preserve open space, scenic vistas, or wildlife habitat. Those goals may also be served through an agricultural easement. But with any agricultural easement, the primary goal is to keep good land available for future farming, and this usually requires very different easement provisions.
No one can say with certainty how a piece of property might be best farmed in the future. For that reason, agricultural easements are usually crafted with a high degree of flexibility that one would never see in many other conservation easements, such as provisions that allows for fencing, agricultural buildings, land clearing, and more.
Return to Agricultural Easements
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