§ 14.2 - Conservation Easements Distinguished from other Easements

• Jurisdiction: Washington

§14.2 CONSERVATION EASEMENTS DISTINGUISHED FROM OTHER EASEMENTS

At common law, conservation easements likely would be characterized as negative servitudes in gross, although they often provide affirmative rights as well. Andrew Dana & Michael Ramsey, Conservation Easements and the Common Law, 8 STAN. ENVTL. L.J. 2, 3 (1989) (hereinafter Dana & Ramsey). Negative easements in gross generally are not favored at common law. See Pioneer Sand & Gravel Co. v. Seattle Constr. & Dry Dock Co., 102 Wash. 608, 618, 173 P. 508 (1918); Green v. Lupo, 32 Wn.App. 318, 323, 647 P.2d 51 (1982). One commentator has concluded that under a pure common law regime, a court likely would find conservation easements wholly or partially...