Are Easements Permitted under Kenyan Law?
Yes! Environmental easements are permitted under the Environmental Management and Coordination Act (EMCA) for conservation purposes.
Environmental easements can be consensually negotiated between two parties. The agreement must be approved by a court and then registered against the land title. The law also provides for easement to be imposed by one party on another through the court process. After approval the easement will be registered against the title
According to EMCA, “The object of an environmental easement is to further the principals of environmental management set out in this Act by facilitating the conservation and enhancement of the environment, in this Act referred to as the benefited environment, through the imposition of one or more obligations in respect of the use of land, in this Act referred to as the burdened land, being the land in the vicinity of the benefited environment”.
Under EMCA who can own or hold an easement?
Under EMCA, anyone can hold an easement. However, given the goal of land protection and the need for the holder of the easement to monitor the easement, KLCT and AWF strongly recommend all easements to be held by conservation organizations with a focus on land conservation and the ability to monitor and enforce easements long into the future.
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