The Deed of Conservation Easement represents a legally binding contract between a landowner (grantor) and a Land Trust (grantee). In signing the contract, both parties agree to follow the terms and conditions of the contract. In the event a breach of the contract is identified by the grantee, the process for resolving a violation is outlined in the Section 21 of the Easement “Enforcement.”
Additionally, in the event a dispute arises between the grantor and the grantee of the conservation easement, a dispute resolution mechanism is also included in the Conservation Easement, as described in Section 20, “Binding Dispute Resolution,” which allows for both parties to appear before a New York State Department of Environmental Conservation Administrative Law Judge.
Violations are less likely to occur if a landowner is well educated about the terms and conditions of the easement. Continued and regular ground monitoring is the best method for educating landowners and limiting violations.