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Options to Protect Your Land
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This fact sheet outlines the most commonly used options available to landowners who want to voluntarily protect their land, and summarizes the principal benefits and implications of such protection. In the Comox Valley, where most land is privately owned, landowners will play a critical role in protecting the mix of natural areas, farms, forests and recreational green spaces that makes the Valley such a special place to live.
Some Questions to Consider
Landowners may wish to protect wildlife habitat on their property, or to ensure that their land continues to be used for sustainable agriculture or silviculture. The choice of an appropriate protection strategy will vary depending on the nature of the property and the landowner's objectives. Some sensitive areas can only be protected by leaving them in their natural state. For other lands, many types of human use will be compatible with protection of their values. Protection may involve little or no change to present uses of the property, or may include stewardship plans outlining restoration of a damaged area or limiting activities that can take place in the protected areas.
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Hurford Hill Nature Park
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Before choosing a protection strategy, there are a number of questions to consider:
What values of my land do I wish to protect?
Do I wish to protect all my land or a part of it?
What uses of my land are compatible with protection of its values?
Do I wish to protect the land for a limited term or do I wish to leave a legacy for
future generations?
Should I consider sale or donation of the land to a conservation agency?
Are tax implications important?
How will my decision affect my family and my neighbours?
Your answers to these questions will help determine which option may be most appropriate. The Comox Valley Land Trust and other conservation organizations can provide assistance in assessing your land, developing protection goals and selecting an appropriate option. However, before making a final decision you should consult a property appraiser and obtain legal and income tax advice.
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Summary of Land Protection Options
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These are the most frequently used land protection options. For more information on these or other protection strategies, contact the Comox Valley Land Trust.
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A land use management plan is a contractual arrangement between a landowner and a conservation organization such as a Land Trust. The plan may range from a simple commitment not to damage a natural area to a detailed management plan specifying how the land will be used to prevent environmental damage or to restore damaged areas. A management plan is binding only on the parties to the agreement. If the land changes hands, the agreement is usually terminated.
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A conservation covenant is a legal agreement between a landowner and a conservation organization which undertakes to permanently protect the land. The conservation covenant, specifying activities that may legally take place on the land, is registered on the land's title and is binding on all future owners of the property. The conservation organization holding the covenant is responsible for regular monitoring to ensure that the covenant is being followed.
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A bequest is a gift made in a will. A donation is a gift made while the gift giver is alive. A bequest or donation of ecologically important land will ensure that it is permanently protected through ownership by the Comox Valley Land Trust or a similar conservation organization. Receipts for donations of ecologically sensitive land or for donations of other land and assets will be issued for income tax purposes.
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Land purchase may be an option in cases where a conservation organization can raise funds to buy land. If the Land Trust does not have the funds for immediate purchase of land that is for sale, the landowner may consider selling the Land Trust an option to purchase. If the land is not presently on the market, and the land trust wants to be in a position to buy the land if it should become available, the landowner may consider selling the Land Trust a right of first refusal.
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