A conservation easement is a permanent legal agreement between the landowner and the Conservancy to jointly protect the conservation values of your land by limiting its use. When you donate a conservation easement, you agree to give up some of the rights associated with your land, but not all of them. You might, for example, give up the right to subdivide and develop your property, while still retaining the right to farm it. An easement allows you to receive tax benefits associated with the donation while still continuing to own and use your land, sell it, or pass it on to your heirs.
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What is a conservation easement?
Advantages of Conservation Easements

Easements are voluntary.  The decision to place an easement on your land is entirely your own. Unlike a regulatory program, donation of an easement ensures that the property owner has made decisions about his or her land based on individual circumstances and preferences. Landowners donate easements for a variety of reasons. Most are motivated by stewardship and a desire to protect the natural beauty, environmental resources, or emotional value of the land. For example, an easement may be a way to ensure that family lands are preserved for future generations. The financial benefits of easement donation also play a part in the decisions of many property owners.

 

Easements are flexible. Each easement is tailored to the specific needs and wishes of the landowner and is written to focus on the particular conservation values of the property it protects. For example, one landowner may wish to entirely prohibit any changes to his land, while another may need to retain the right to allow for limited development of a portion of her property. An easement which protects rare wildlife habitat may be very restrictive, while an easement protecting a family farm may specify appropriate changes that can occur. The terms of each easement are negotiated between the landowner and the Conservancy to ensure that the interests of both parties are fully addressed.

 

Easements are permanent. Your decision to protect your land with a conservation easement is permanent. The easement is recorded in the land records and applies to all future owners of the property. You can be assured that even after you no longer own the land, your wishes will be respected.

 

Easements are private. Public access to your land is typically not a requirement for conservation easements.

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Conservation Easements
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