Easement Enforcement

When the Virginia Outdoors Foundation agrees to hold an open-space easement, it makes a permanent commitment to enforce the easement’s restrictions in order to protect the eased property’s conservation values. Likewise, when a landowner donates an easement or purchases eased land, the landowner agrees to comply with the restrictions contained in the deed of easement. VOF views easement enforcement as a partnership between VOF and landowners. This partnership is a crucial element of VOF’s stewardship program.

In order to help landowners voluntarily comply with easement restrictions, VOF strives to foster positive relationships with landowners through communication and education. VOF Stewardship Staff use the monitoring process as a way to become familiar with landowners and eased properties, ensure compliance with easement restrictions, answer any questions landowner’s may have, identify potential long-term land management issues, and review easement restrictions with landowners. Landowners are also encouraged to contact VOF’s Stewardship Division in writing whenever they have questions about what an easement permits or prohibits. By developing open and cooperative relationships with landowners, VOF seeks to prevent violations of easements.

In the event that an actual or potential easement violation arises, VOF has a legal obligation to enforce the easement and protect its conservation values. VOF considers all relevant facts and circumstances when determining how to respond to each violation. In some cases, where conservation value impairment is negligible or minimal, the most appropriate response may be landowner education and minor restoration of a site.. In cases where conservation values are significantly and immediately threatened, legal action may be necessary. Mediation may also be an appropriate response.

VOF takes its enforcement obligation seriously and encourages landowners to do the same. By working together to spot enforcement issues before they impair the conservation values of easements, landowners and Stewardship Staff can ensure the preservation of open space throughout the Commonwealth, and the continued protection of Virginia’s rich cultural and natural resources. If you would like to learn more about how VOF and the Stewardship Division enforce easements, please contact Martha Little, Director of Stewardship (mlittle@vofonline.org).