A Conservation Easement is a voluntary legal agreement between a landowner and a land trust or government agency that permanently limits the uses of the land to protect its conservation values. This agreement limits activities such as development, subdivision, or timber harvesting, while allowing the landowner to continue to own and use the land. Common types of Conservation Easements include agricultural or open-space easements, which restrict development and preserve farmland or other open space; habitat conservation easements, which protect resources such as wildlife and their habitat; and scenic easements, which preserve views or scenic vistas.
Conservation Easement
State:
Multi-State
Control #:
US-EAS-004KG
Format:
Word;
Rich Text
Instant download
Description
This form is an agreement to convey the use or benefit of a tract of land to another party for a specific limited purpose without giving the party the right to possess, take from, improve or sell the tract of land.
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FAQ
Income Tax Benefits Landowners donating qualifying conservation easements may be eligible to deduct up to 50% of their adjusted gross income each year for the year of the easement donation and the following five years, or until the value of the easement gift is used up, whichever occurs first.
(a) A conservation easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in Section 815.1 by any lawful method for the transfer of interests in real property in this state. (b) A conservation easement shall be perpetual in duration.
Benefits Conservation easements can be an effective tool to protect land, often at lower cost to land trusts and public agencies. A conservation easement is a legally binding agreement between a landowner and a land trust or government agency where the landowner retains many private property rights.
Conservation easements may indirectly help protect water quality. Land that property owners set aside in a permanent conservation easement has a prescribed set of uses or activities that generally restrict future development. Often, this limits impervious surface development and preserves an area's natural hydrology.
Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.
A conservation easement is a legal agreement made voluntarily between a landowner and a land trust or government agency to protect a piece of land conservation. When the easement is made, it permanently limits the use of the land in question.