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A conservation easement is a legal agreement between a landowner and a nonprofit land trust or governmental entity that permanently limits the uses of the land in order to protect specified conservation values. It does this by restricting the amount of development and activities that can take place in the future.
Conservation easements are a great idea, in theory. Here's the way they work. Basically, if you are willing to donate your property for the public good, and that donation reduces the value of your property, you get to take a tax deduction equal to the reduction in the value of your property.
One big advantage of buying a home or land with an easement is that it could result in major savings. Conservation land is restrictive by nature, and that's often a big sticking point for buyers. But if you're willing to deal with those restrictions, it could be a good way to buy land or property on the cheap.
What is a conservation easement? Essentially, a conservation easement sets apart the right to engage in certain types of land use - such as intensive development - from other ownership rights over a specific parcel of land. Activities covered by the easement may be exercised only by the holder of the easement.
Syndicated conservation easement transactions basically involve the use of a pass-through entity (for example, a partnership) to acquire property.
An agricultural conservation easement is a voluntary, legally recorded deed restriction that is placed on a specific property used for agricultural production.Because the easement is a restriction on the deed of the property, the easement remains in effect even when the land changes ownership.
Affirmative agricultural easements are one of several different legal tools to help farmers balance goals of: 1) generating revenue for farming or retirement; 2) making their land more affordable to future farmers; 3) keeping their farmland in farming; and 4) maintaining a treasured legacy of sustainable farm
When you create a conservation easement, you may lose access to certain rights. While you'll likely retain certain surface rights like farming and ranching, development is almost always limited.
When a conservation easement is placed on a property, it typically lowers the property's value for federal estate tax purposes and may decrease estate tax liability. Therefore, easements may help heirs avoid being forced to sell off land to pay estate taxes and enable land to stay in the family.