Private Restrictions on Real Estate

In real estate, there are certain restrictions or limitations that can be imposed on a piece of real estate that are  referred to as encumberances. Some examples of encumberances include covenants, conditions, and restrictions (CC&Rs), liens, and easements, just to name a few. CC&Rs limit the way a property owner can use a property. For example, there may be a restriction that a fence can only reach a certain height within a neighborhood. Liens are claims on property as either security for a a debt or fulfillment of some monetary charge or obligation. An example of a lien is a mortgage on a property in order to borrow money. Lastly, easements are rights given to one party by a landowner to use the land in a specific way. Easements come in two different types, easement in appurtenance and easement in gross, and can be created in multiple ways. Other types of private restrictions include profit a pendre, encroachment, and adverse possession.

http://www.bozemandailychronicle.com/news/county/article_c5d54bee-7b11-11e2-8b78-001a4bcf887a.html

The article in the link above addresses a conservation easement that was recently approved  to pursue by the Gallatin County commissioners. A conservation easement is a specific type of "negative" easement that prevents specific uses of the real estate by the owner. The real estate at hand in this article is referred to as "Section 35." Peter Brown, the Galllatin Valley Land Trust stewardship manager stated "Located where three springs merge to form Camp Creek, the property is prime agricultural land with 12 acres of riparian habitat. It hosts wildlife and was a favored Native American campsite, as indicated by fire rings and other artifacts found there." The property also features a "primitive cabin standing on a scenic ridge."

If the conservation easement is granted, it will keep future landowners and developers from using the land for other uses detrimental to the preservation of the land. The easement would also reduce the appraised value of the land from $1.66 million to $1.08 million, but that appears to be a cost that the owners are willing to give up to ensure to safety and serenity of the surrounding habitat.