Ecological Assessment
Another way to protect environment
Easement is the legal agreement in which two property owners plan the type and intensity of future uses that can be given to one of two properties in order to preserve the natural attributes, the scenic beauty or historical, architectural, that archaeological or cultural property. The contract creates an easement is, as it is right in the Land Registry.
Back in 1992, Costa Rica analyzed for its first time in Latin America, to create easements and concluded that it was feasible. I was immediately in the first conservation easement in the region, was placed on the Public Registry of Property. Currently, more than 50 contracts easements are created at the Costa Rican and has conducted several studies and publications on the topic.
Since 1995 similar efforts in other countries of Latin America and the Caribbean have been taking place, from private organizations that environmentalists have had the support of the Conservancy and CEDARENA. This has resulted in the protection of natural areas through private easements for the first time in Mexico (1998), Guatemala (1998), Ecuador (1999), Paraguay (2000) and Belize (2001). List creation are Chile, Honduras, Bolivia and Colombia.
The main features of the easements are:
- Its formation is voluntary, that is, when you are the owner of the property you want because they are a private contract in which one's will is free.
- It has great flexibility, allowing to achieve various goals pursued by the owner of a property (the ban cut trees, allowing the construction of a cabin, a trail, etc.). Are also designed to be flexible based on the physical characteristics of each property. As each property is different and every owner has different interests, each easement is different.
Operating conditions of conservation easements
The conditions for the formation of conservation easements are: (1) involved and to agree two properties: one, which is planned use (fundo servant), and another who will benefit from the easement (fundo dominant) and (2) to clearly identify the value of the easement and the latter on the two funds involved.
From the point of view of quality, usually the best way to establish an easement is the support and advice from a specialized organization that is dedicated to conservation in perpetuity of natural resources and that that organization is indeed the owner of dominant estate. In addition, this organization would be responsible for monitoring contract for the easement in perpetuity, thus ensuring the maintenance of the natural values of the property in perpetuity.
Because the easement does not change the ownership of real property, it is obvious that the owners of their duties while maintaining their own land and retain the right to perform all the activities they wish, with the exception of those voluntarily agreed not to continue on in their property. Meanwhile, another property owner's responsibility to ensure that it is fulfilling these commitments.
Conservation easements increase property values that are established and also that of neighboring, due to maintaining a rural atmosphere and natural property in perpetuity, what is an important sector of the real estate market currently prefers.
Several owners have fundos easements and yet they are fulfilling the requirements for recognition as national wildlife refuges in private ownership, thereby enjoying other benefits such as exemption from land tax.
We affirm that the voluntary contribution of private landowners is vital to balancing the protection and use of natural resources. The work of government and private organizations in this field has to be promotion of the initiative and facilitating its implementation.
The easements are in that sense, an important option to assist in the conservation of natural resources in Latin America.
