What is the legal process for establishing a conservation easement?

The legal process for establishing a conservation easement in California involves several steps. First, an individual or organization wanting to establish a conservation easement—known as the “grantor”—must identify a willing recipient of the easement—known as the “grantee.” The grantee could be the government or another non-profit organization. Second, the grantor and grantee must negotiate the terms of the easement. This negotiation should include a description of the type of easement to be granted (e.g., agricultural, open space, etc.), the duration of the easement, the amount of consideration to be paid, and the monitoring and enforcement obligations of the grantor and/or grantee. Third, the grantor and grantee must draft a legal document that reflects the agreed-upon terms of the easement. The document should be prepared and reviewed by legal counsel, and should be signed by both the grantor and grantee. Finally, the document should be filed with the county recorder, where it becomes a legal, binding contract. It will remain on record for future review.

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What is the legal process for establishing a conservation easement?

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