Is the death of a property owner with a conservation use covenant considered a breach of the covenant?

The death of a property owner with a conservation use covenant does not constitute a breach of the covenant. A conservation use covenant is a legal agreement designed to limit the use of a property for conservation purposes, often benefiting the environment or preserving certain land uses over a period of time. Upon the death of the property owner, the covenant typically remains in place and is binding on the property, meaning that it will continue to apply to the property regardless of the owner's status.

When the owner passes away, the property typically transfers to heirs or is administered according to estate laws, and the conservation use covenant would still govern how the property can be used. Therefore, the presence of heirs or the act of selling the property does not inherently violate the terms of the covenant. This ensures that the intent of the covenant—to preserve certain land uses—remains intact even after ownership changes.