Easements

An easement is a legal restriction on the use of a piece of land. An easement may be structured into a deed or may be recorded at the Registry as an independent document.

Easements can encumber an entire piece of property or a designated portion of a lot. An easement can prevent any and all development of a lot, or specifically permit the future creation of a limited number of house lots while protecting the remaining property.

Easements can be structured to suit the individual's needs and wishes, allowing and prohibiting whatever uses the owner sees fit. Conservation easements frequently allow agricultural and forestry uses and recreational uses. The Amherst Land Trust can assist landowners with developing an effective easement.

Granting an easement to a third party (such as the Amherst Land Trust, Amherst Conservation Commission, Society for the Protection of New Hampshire Forests, or other organization) provides greater protection than a deed restriction, which a future owner may someday have removed.

There are some ongoing costs to holding an easement. Many trusts and conservation organizations ask easement donors to consider also establishing a maintenance fund to enable the holding organization to protect the land.