Title Restrictions

Duration

There is no provision in either the conservation easement clauses or the Transfer of Development Credits clauses of ALSA that requires a title restriction to be in perpetuity, but there is provision that they can be. A municipality can direct within the TDC Bylaw that title restrictions must be of a certain term or granted in perpetuity.

With regard to a title restriction under a TDC program, a municipality must determine how the duration of the title restriction relates to the conservation goals. If the municipality is seeking to have available agricultural land, historic buildings, wildlife habitat, or clean water for only a short period of time, a short-term title restriction would suffice.