Conservation Easements

Civil Code Division 2, Part 2, Title 2, Chapter 4 deals with conservation easements for estates in real property in California.

Section 815 provides legislative findings and declarations. Section 815.1 defines the term “conservation easement.”

Section 815.2 states that a conservation easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated by any lawful method for the transfer of interests in real property in this state.  A conservation easement is perpetual in duration.

A conservation easement is not deemed personal in nature and constitutes an interest in real property notwithstanding the fact that it may be negative in character. The particular characteristics of a conservation easement are those granted or specified in the instrument creating or transferring the easement.

Section 815.3 explains that only the three specified entities or organizations may acquire and hold conservation easements.

Section 815.4 states that all interests not transferred and conveyed by the instrument creating the easement must remain in the grantor of the easement, including the right to engage in all uses of the land not affected by the easement nor prohibited by the easement or by law.

Section 815.5 provides that instruments creating, assigning, or otherwise transferring conservation easements are to be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and the instruments must be subject in all respects to the recording laws.

Section 815.7 states that a conservation easement is not unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed in the instrument creating it as running with the land.

Actual or threatened injury to or impairment of a conservation easement or actual or threatened violation of its terms may be prohibited or restrained, or the interest intended for protection by such easement may be enforced, by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by the owner of the easement.

The holder of a conservation easement is entitled to recover money damages for any injury to such easement or to the interest being protected thereby or for the violation of the terms of such easement. In assessing damages, there may be taken into account the loss of scenic, aesthetic, or environmental value to the real property subject to the easement.

Section 815.9 explains that nothing in this chapter is be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the right or power to hold interests in land comparable to conservation easements.

Section 815.10 states that a conservation easement granted pursuant to this chapter constitutes an enforceable restriction.