This sentiment, more commonly referred to as donor’s remorse, is reflective of those that did not fully review the easement prior to signing, did not have competent counsel review it on their behalf or did not fully anticipate the need for flexibility in uses and activities that are compatible with preserving conservation values.
The easement is a perpetual instrument that requires reasonable flexibility. Unfortunately, easement donors recognize too late that they should have taken the time to carefully consider all of the consequences of restrictive provisions. Conservation easements can be amended, but only in unusual circumstances and only if there is an increase in conservation benefit. |
