The Types of Easements Farmers and Ranchers Need to Know About

Easements are something that affects your agricultural land. It’s important that you know about them so that you know how you can use your own land. In agriculture, there are a few different types of easements that could affect farmers and ranchers. Keep reading to learn about them.

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Preservation Easements

You’ll typically find these easements on a historic property. The easement protects the property from being used in any other way. The preservation easement helps prevent deterioration. If there is a preservation easement, you cannot alter the land in any way. The owner of the easement will leave the land as is.

Conservation Easement

A conservation easement protects the land from unauthorized use. It can also prevent development of the land as long as it’s privately owned. Conservation easements are often used by farmers that want to keep their land as is to keep passing it down in the family.

Express Easement

You’ll often find utility companies with an express easement. This easement gives the utility company the right to manage the utilities on the land. This includes installing and repairing the utilities. This can greatly affect farmland as it can diminish the land’s use. If the area is restricted and you use it for farming anyway, the easement holder isn’t responsible for damage to any crops as a result of dealing with the utilities.

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Reserved Easement

A reserved easement gives the easement owner access to the property. For example, a landowner that splits up his land may still need access to his portion of the land by crossing the sold land. If there’s a reserved easement on the property, the original landowner has the right to cross the property.

Recreational Easement

Some property owners want to open up their land to the general public. They can do so with the recreational easement. This gives anyone the right to use the land for things like biking, walking, or fishing. The landowner can still preserve the land, keeping it beautiful, and plentiful with wildlife while giving others access to its beauty as well.

How Easements Can Affect Your Farmland

Easements can affect your farmland or ranch land in two ways:

  • Value – Some buyers may think that the easement brings the value of the land down
  • Use – You may have restricted use of the land or certain parts of the land

Before you buy new farmland or ranch land, make sure you are aware of the easements and how they may affect you. Always use the advice of your attorney before purchasing the land so that you know what you are getting into rather than finding out about the easement after the fact.

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