A conservation easement is a voluntary land protection tool that a landowner donates or, in rare cases, sells to protect all or part of their land. The easement includes specific development restrictions determined by the landowner, while retaining all other property rights. The land remains under the landowner’s ownership and use, with the easement being permanent and binding on future owners, whether the land is sold, bequeathed, leased, or gifted.

Many landowners retain the right to build a limited number of houses for their family’s future needs or financial considerations. The flexibility of easements can accommodate these needs, provided the conservation values of the property are protected.

The landowner has protected the land from further development, ensuring open space will remain in the community.  In addition, tax benefits are often realized.  The easement represents value given up by the landowner, who might receive a federal income tax deduction.  Estate tax is often reduced considerably, allowing property to remain in the family rather than being sold to pay the taxes.  Long-term benefits are possible with a rise in the quality and value of local property if the area is maintained as open and agricultural.

Because each landowner determines the specific restrictions in an easement, there are few drawbacks.  Conservation easements are perpetual agreements that are difficult to change, and they do limit opportunities for future landowners to develop, divide, or subdivide the land.

Yes.  Conservation easements are only one tool available to landowners interested in land protection.  Many options exist, and we work with each landowner in determining which option is best for their needs.