EASEMENTS 101: A FLEXIBLE TOOL FOR PROTECTING LAND

What is a Conservation Easement?

A conservation easement is a flexible tool that protects land while leaving it in private ownership. It is a legal and binding agreement between a landowner and a qualified conservation organization such as Willistown Conservation Trust. The easement is recorded with the deed to the property, applies to all future owners, and exists in perpetuity.

As holder of the easement, Willistown Conservation Trust agrees to see that the restrictions detailed in the easement are upheld in perpetuity.

The landowner retains title to the property and continues to have all rights and obligations of ownership except for those rights specifically restricted under the terms of the easement. The retained rights include the right to sell, lease, bequeath, and subdivide the property subject to the terms of the easement.

What are the Typical Restrictions?

Under the terms of the conservation easement agreement, the landowner agrees to restrict certain future uses of the property. Each easement is unique and tailored to the specific property and the needs of the landowner. Typical restrictions are designed to:

• Protect the special natural, historic, and scenic features of the property such as woodlands, wetlands, streams, open fields, steep slopes, historic buildings, and scenic views.

• Limit the future development of the property. Future residential sites may be designated depending upon the size of the property and its special features and the needs of the landowner.

• Prevent harmful activities such as commercial and industrial uses, quarrying and excavation, and the dumping of solid or liquid waste.

Does The Easement Permit Public Access?

The conservation easement does not necessarily permit public access to the property unless it is the specific desire of the landowner to include an accessible area or a trail easement corridor as part of the easement. Many landowners who have donated conservation easements have included trail easement corridors, resulting in a wonderful network of preserved walking and riding trails throughout the countryside. The inclusion of a trail easement corridor often enhances the deductibility of the easement donation by helping to meet the IRS “public benefits” test.