Conservation Property Right

The conservation property right is a new institution of private law that has been defined as a real property interest that consists in the faculty to conserve the environment in a specified land. The ´conservation property right´ is defined by reference to the ´faculty to conserve´ that constitutes its essential element. It is this ´faculty to conserve´ that allows to distinguish this new right from the conservation easement or servitude- known mainly in the North American legal system right as conservation easements- which is defined as a restriction and that in the civil law system is typified as an encumbrance or gravamen.

Conservation Property Right

The conservation property right is a new institution of private law that has been defined as a real property interest that consists in the faculty to conserve the environment in a specified land. The ´conservation property right´ is defined by reference to the ´faculty to conserve´ that constitutes its essential element. It is this ´faculty to conserve´ that allows to distinguish this new right from the conservation easement or servitude- known mainly in the North American legal system right as conservation easements- which is defined as a restriction and that in the civil law system is typified as an encumbrance or gravamen.