Tag Archives: Value of easement

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

Basics of Environmental Easements

Basics of Environmental Easement

Kenya is renowned for its national parks and the abundance and diversity of wildlife; however, Kenya’s protected areas are too small and fragmented to maintain viable populations of wildlife species. It is now recognized that the survival of most wildlife in Kenya depends on access to land outside government protected areas. These areas are becoming increasingly fragmented and degraded due to change in land use and human population pressure. We believe that to secure Kenya’s ecological integrity and to maintain viable populations of wildlife, land outside protected areas must be conserved through innovative conservation measures such as environmental easements, which not only protect land, but provides benefits to the landowners.

What is an environmental easement?

An environmental easement is a legal agreement between a landowner and another party or organization that restricts certain uses on a property to protect its natural resources for a specific period of time, usually into perpetuity. Environmental easements protect land for future generations while allowing owners to retain certain private property rights and to live on and use their land.

Private land owners possess distinct legal rights, such as the right to farm, develop, sustainable use of forests and water resources. These property rights can be thought of as a “bundle of rights.” Any of these property rights can be transferred to another party for the benefit of wildlife or nature conservation. For example, a landowner can choose to transfer, voluntarily or for a fee, the right to develop his/her land, and still reserve the right to undertake other activities on his/her land.

If you have any questions or concerns about easements, please don’t hesitate to contact the following:

Director, Land Conservation

African Wildlife Foundation

[email protected]

http://www.awf.org

or get in touch with

Executive Director,

Kenya Land Conservation Trust

[email protected]

or visit

our website

http://www.klct.or.ke