On June 14, Dean Alterman will present a Continuing Legal Education program tomorrow for the Solo and Small Firm Section of the Oregon State Bar on three types of easements: view easements, non-development easements (actually servitudes or covenants), and conservation easements. These are the “You Can’t Do That!” easements. Instead of giving the grantee permission to use the grantor’s property, the grantor is agreeing NOT to do something on the grantor’s property. Do you want to protect your property’s view of Mount Hood? Buy a view easement from the downhill neighbor.
Lawyers who draft view easements and non-development easements must produce agreements that satisfy their clients and are acceptable to the other party. Drafters of conservation easements must keep a third audience in mind: the Internal Revenue Service lists syndicated conservation easements among its Dirty Dozen tax scams.