A conservation covenant is a voluntary, written agreement between a landowner and a conservation organization such as the Cowichan Community Land Trust Society. In such an agreement the land owner promises to protect the land in specified ways. The covenant can include all or just a portion of a landowner’s property. It may include provisions to protect natural, historical, cultural, architectural, environmental, heritage, scientific, wildlife, or plant-life values.

A conservation organization holds the covenant and if necessary can enforce it. A covenant is intended to last forever--It is filed with the Land Title Office and binds both current and future owners of the land.

One of the man activities of the CCLT is to help private landowners protect their land through the use of conservation covenants and other legal tools. The CCLT can help families make land stewardship plans and execute conservation covenants. The CCLT can be a holder of a conservation covenant. To insure protection for the land, a covenant should be held jointly by the CCLT and another conservation group. The second group could be the Habitat Conservation Trust Fund, or a national group such as the Nature Conservancy of Canada.

Common Uses of a Conservation Covenant

Conservation Covenants are useful in a variety of ways. Typical covenants might include:

• complete non-interference in a wilderness trust
• prohibition of subdivision
• specific use for sustainable logging, organic farming, recreation, etc.
• any use, provided certain conditions are met, e.g., wetland protection
• specific use such as park, playground, community garden

• To protect values in the land forever.

• By restricting what future landowners can do to a piece of property, a conservation convenant may have an effect on the market value of the land.

• A piece of land under a conservation covenant may be considered a neighbourhood amenity, as it improves the attractiveness of an entire area.

If you are concerned about what might happen to your land in the future, consider a conservation covenant.

1. Discuss the future of your land with your family, especially people who might inherit it or benefit from its future sale. If you want to explore protection, call the Cowichan Community Land Trust.  A volunteer can meet with you and your family to discuss protection for your land. They can help you with:

a) An inventory or site survey to identify biological or heritage values on your property;

b) Drafting a covenant that expresses your and your family’s wishes;

c) Finding out financial, legal, and taxation consequences of your decision;

d) Finding an organization to jointly hold the covenant and work with you to protect your land.

2. If you and the CCLT (and any other groups included as covenant holders) reach agreement about the details of a conservation covenant and the CCLT Board agrees that it is consistent with the mandate of the Society, you and the CCLT both seek separate legal advice about the details of the actual contract. The Covenant can then be signed and registered with the Land Title Office in Victoria. In general, expenses involved in creating a conservation covenant (land surveys, legal costs, inventories) are the responsibility of the landowner. In special circumstances, the CCLT may assist with these costs.

3. In addition to the covenant, a detailed inventory of the values in the land, including photographs and maps, if required, will be made and agreed to by all parties to the covenant. This then becomes a reference document that can be used to help resolve future disputes.

4. Once a covenant is signed and registered, the CCLT can assist with management of those aspects of the land covered by the conservation covenant as sure the terms of the covenant are honoured. This will involve costs and volunteer efforts indefinitely into the future, so the CCLT welcomes donations from landowners for this purpose.