by: Terry Power
WINTER 1994/95Nova Scotia's first ever Conservation Easement Agreement (CEA) was signed on October 21, 1994 between Dexter and Vivian Sanford of Centreville, Kings County and the Province of Nova Scotia. Regardless of who owns the property, this agreement conserves and protects wetland in Mountain Front, Kings County forever. This 8.7 hectares (21.4 acres) of open marsh and forested swamp is owned by the Sanfords and is designated the Dexter and Vivian Sanford Natural Area.
Facilitated by the Eastern Habitat Joint Venture program for the Department of Lands and Forestry' Wetland and Coastal Habitats program, this agreement reinforces the Sanford's personal commitment to habitat conservation. A retired automotive mechanic, Dexter Sanford believes the wildlife value of his marsh is reason enough to set it aside and leave it undisturbed.
"When I am gone, I would like the marsh to be there for my family and for wildlife, regardless of who owns the land," he said.
The legislation that enabled the Sanfords to dedicate their land to conservation, the Conservation Easement Act, was passed by the Nova Scotia legislature in 1992. Regulations in the Act regarding "designated conservation organizations" (organizations that can hold a CEA with a landowner) and "natural areas" (lands that may be subject to a CEA) were approved in June 1993. This innovative Act allows the government and designated conservation organizations to enter into an easement or covenant with the owner of a designated "natural area" for a specified time or an indefinite period of time. Any land in Nova Scotia that meets a certain criteria may be designated a natural area with the consent of the owner or with cabinet approval.
A CEA is a legally binding agreement that requires certain procedures be followed, including a title search on the land, a legal description and plan, designation of a natural area, registration of a natural area, baseline documentation, drafting the CEA, cabinet approval of the CEA (only needed if the Province is receiving the grant), registration of the CEA, and monitoring and enforcement.
The first two steps are normally undertaken when transferring a land title in Nova Scotia. A title search certifies clear title to the land. A legal survey may be needed to identify the land on ground and on paper if this is not already possible. These steps are necessary to register a CEA because it is a transfer of a partial interest in the land. The owner is giving up some of his or her rights to the land. Once the land is clearly identified, the land owner has given consent, and cabinet has approved the application, the Minister of Lands and Forestry may designate the land as a natural area. This area is then registered at the registry of deeds for the county where the property is located.
The baseline documentation is a description of the land's conservation values and its current condition. It serves as a baseline for monitoring change. The CEA document itself contains four major elements, including a statement of the term of the agreement, its purpose, prohibited uses of the land, and exceptions to prohibited uses. Before the Minister allows a CEA, the agreement must be approved by cabinet through an Order in Council. If the agreement is between a designated conservation organization and the land owner, this approval is not required. Both parties sign the agreement.
An easement or covenant is binding upon subsequent owners for the length of the agreement. For long-term conservation, all terms and conditions of the agreement must be met and the CEA must be regularly monitored and enforced. A CEA is an important and flexible agreement that can be tailored to meet a diversity of conservation needs for Nova Scotia.