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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.
When you're buying a house, you might find out that the property has an easement on it. Essentially this means that someone other than you could have access to the land. This isn't necessarily a bad thing. For example, utility companies typically hold easements in case they need to access pipes or cables.
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.
The value of a conservation easement is determined by a qualified appraiser. The appraiser determines the value of the land before the conservation easement and subtracts the value of the land after the conservation easement to determine at the value of the conservation easement.
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.
Syndicated conservation easement transactions basically involve the use of a pass-through entity (for example, a partnership) to acquire property.
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
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.
This deed of easement grants simple rights over the grantor's land in return for a payment made by the grantee to the grantor. It contains optional clauses for a lender to give consent to the grant of the rights.