• Information Technology
  • Human Resources
  • Careers
  • Giving
  • Library
  • Bookstore
  • Active Living
  • Continuing Education
  • Go Dinos
  • UCalgary Maps
  • UCalgary Directory
  • Academic Calendar
My UCalgary
Webmail
D2L
ARCHIBUS
IRISS
  • Faculty of Arts
  • Cumming School of Medicine
  • Faculty of Environmental Design
  • Faculty of Graduate Studies
  • Haskayne School of Business
  • Faculty of Kinesiology
  • Faculty of Law
  • Faculty of Nursing
  • Faculty of Nursing (Qatar)
  • Schulich School of Engineering
  • Faculty of Science
  • Faculty of Social Work
  • Faculty of Veterinary Medicine
  • Werklund School of Education
  • Information TechnologiesIT
  • Human ResourcesHR
  • Careers
  • Giving
  • Library
  • Bookstore
  • Active Living
  • Continuing Education
  • Go Dinos
  • UCalgary Maps
  • UCalgary Directory
  • Academic Calendar
  • Libraries and Cultural Resources
View Item 
  •   PRISM Home
  • Graduate Studies
  • Legacy Theses
  • View Item
  •   PRISM Home
  • Graduate Studies
  • Legacy Theses
  • View Item
JavaScript is disabled for your browser. Some features of this site may not work without it.

The enforceability of conservation easement agreements in Alberta

Download
thesis_Wismer_Row_2009.pdf (90.97Mb) Embargoed until: 2200-01-01
Advisor
Kwasniak, Arlene
Author
Row, Victoria Wismer
Accessioned
2017-12-18T21:53:55Z
Available
2017-12-18T21:53:55Z
Issued
2009
Metadata
Show full item record

Abstract
Conservation easement agreements may be granted by landowners for the purpose of conserving, protecting and enhancing the environment including biological diversity, natural scenic and esthetic values on privately owned land as authorized by clauses 22(2)(a)(b) and (c) of the Environmental Protection and Enhancement Act. The goal of this thesis is to analyze whether conservation easements registered on the certificates of title to land in Alberta will be enforceable against the original grantors and subsequent owners of the land. Some of the purposes of the conservation easement agreements collected may not fall within the statutory purposes. An analysis of the terms of the conservation easements collected shows that there are restrictions on the uses of land; however, there are exemptions to those restrictions. Some essential terms in the restrictions and exemptions are undefined and may be void for uncertainty. Because conservation easements are similar to restrictive covenants they may be strictly construed. Challenges to the enforceability of conservation easement agreements may be reduced by including provisions that deal with third party impacts including resource development and access easements, interpretation, severability, amendment, modification, baseline reports, and general restructions and residual rights. There may be remedies, such as severance and modification pursuant to subsection 48( 4) of the Land Titles Act or clauses 22(7)( a) and (b) of the Environmental Protection and Enhancement Act, and amendment by agreement which a court might use to save an otherwise unenforceable conservation easement agreement. There are dispute resolution mechanisms including arbitration available to the parties to reduce the time, effort and expense of resolving disputes.
Bibliography: p. 106-115
 
Place
Calgary
Doi
http://dx.doi.org/10.5072/PRISM/2792
Uri
http://hdl.handle.net/1880/103793
Collections
  • Legacy Theses

Browse

All of PRISMCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

My Account

LoginRegister

Statistics

Most Popular ItemsStatistics by CountryMost Popular Authors

  • Email
  • SMS
  • 403.220.8895
  • Live Chat

Energize: The Campaign for Eyes High

Privacy Policy
Website feedback

University of Calgary
2500 University Drive NW
Calgary, AB T2N 1N4
CANADA

Copyright © 2017