What is a Trail Easement?

These are legally enforceable agreements between a landowner and a trail organization or local or state agency through which the owner of land promises to preserve a linear corridor in its natural state and keep it substantially free of future development. This action is often referred to as “removing the development rights” from a given piece of land, or in the case of trail easements – from a specific linear corridor that travels across a piece of land.

For trail purposes, such an agreement should include language stipulating public access for trail use. Such a restriction constitutes an "interest in land" that runs with the land and is binding on future owners. The trail corridor remains the property of the owner and can be sold or disposed of but the trail easement is in perpetuity.

This agreement to preserve this strip of land and allow public access along the trail can be donated or sold for its appraised value to a trail group, town, or public agency. Donations of land or development rights are tax deductible in most instances, with the amount of the deduction depending on the individual circumstances of the owner.

A trail access easement is much like a right-of-way, except that CTA's easements are seasonal only -- from November through April. Our easements usually consist of a linear corridor 25- to 50-feet wide. The actual trail is cleared of brush and is just 4- to 8-feet wide depending on terrain. We strive to protect a wider corridor beyond the trail “tread” so that a buffer exists between skiers and other uses of the land and to ensure the safety and quality of the ski experience. The easement assures connectivity for the Trail from one side of the property to the other as it passes onto neighboring properties.

CTA’s easements usually contain a provision for the relocation of the Trail, either permanently or temporarily, at the landowner’s request. In this case, CTA will work with the landowner to relocate in a way that maintains connectivity and accommodates both a quality skiing experience and your land-management needs.

Trail easements are the best tool for permanent trail protection, short of outright acquisition of the property by a non-profit or government agency. They are permanent and appear on the title of the property.