Texas Real Estate Sales Agent ExamProperty OwnershipMedium
A property owner wants to ensure that a portion of their land is preserved as a natural habitat forever, even after they sell the property. They enter into an agreement with a conservation organization that prohibits future development on that specific parcel. This arrangement is best described as a(n):
- AConservation easement
- BEasement in gross
- CLicense
- DProfit à prendre
Show answer & explanationAnswer & explanation
Correct answer: A. Conservation easement
A conservation easement is a voluntary legal agreement that limits certain uses of land to protect its conservation values. It is typically held by a land trust or government entity and runs with the land, binding future owners.
Why the other options are wrong
- B. An easement in gross benefits a specific person or entity, not an adjoining parcel, but a conservation easement is more specific in its purpose and perpetuity.
- C. A license is a revocable, non-assignable permission for a specific use, not a permanent limitation.
- D. A profit à prendre is the right to take something from another's land (e.g., timber, minerals).
Conservation Easement
A legal agreement that permanently limits uses of land to protect its conservation values.
- Held by a government agency or land trust.
- Runs with the land, binding all future owners.
- Can provide tax benefits to the landowner.
Memory trick: Encumbrances Entangle Estates, Restricting Rights.