Basics of Environmental Easements

Why have an Environmental Easement?

Not only does the land owner realize money from the grant of the easement, but the terms of the easement contain specific provisions allowing him to continue to use it for certain purposes and enjoy the fact the land is protected for future generations..

The ownership of the land remains with the land owner.

What is the value of an easement?

An independent professional valuer should value the land. The simplest way to value easements is to value the land for its highest and best use and then to value it as if the easement was in place.

The difference between the two figures is the value of the easement. This method is referred to as the before and after methodology; the value before the easement and then after.

How are Easements implemented after registration?

Environmental easements ideally exists in perpetuity., but they can also be for negotiated periods. Over time, the land changes hands, and the new owner becomes less connected to the land than the owners who placed the easement.

Ensuring that the easement continues to achieve its original purpose requires continuous monitoring and evaluation against the original baseline report of the land’s condition at the time of the easement’s creation.

Such monitoring is the responsibility of the holder of the easement, and if the land owner is found to be acting in ways inconsistent with the terms of the easement, the holder will need to remedy this.

For more information kindly do contact the persons below.

Director, Land Conservation

African Wildlife Foundation

[email protected]

www.awf.org

Director

Kenya Land Conservation Trust

[email protected]

www.klct.or.ke

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