Conservation Easement
Overview of this form
A conservation easement is a legal agreement that restricts the use of a property to protect its natural or historical features. This form helps landowners preserve undeveloped open spaces, including agricultural land, forests, and properties listed on the National Register of Historical Places. Unlike typical real estate transactions, a conservation easement ensures that the land remains protected for future generations by preventing development or activities that could compromise its ecological or historical significance.
Key parts of this document
- Identification of the property and its significant natural or historical attributes.
- Grantor's obligations for maintaining structures and landscaping in their original condition.
- Prohibited activities that cannot occur on the property to maintain its conservation status.
- Conditional rights requiring the approval of the Grantee before making any significant changes.
- Indemnification provisions to protect the Grantee from potential damages or legal issues.
Common use cases
This form is ideal for property owners who wish to protect their land's natural or historical features from future development or misuse. It is commonly used when landowners negotiate with conservation organizations or state agencies to ensure the long-term preservation of their property. Situations may include selling or gifting land with attached conservation restrictions, estate planning for heirs focused on conservation, or entering agreements with land trusts.
Who can use this document
- Property owners looking to conserve land for ecological or historical reasons.
- Individuals involved in estate planning who want to preserve property for future generations.
- Conservation organizations seeking to establish easements with landowners.
How to prepare this document
- Identify the property accurately, including its boundaries and significant natural features.
- Specify the historical or ecological importance of the property in the designated sections.
- Include the obligations of the grantor concerning the maintenance of structures and landscaping.
- Clearly outline the prohibited activities that could harm the conservation goals.
- Obtain necessary signatures from both the grantor and grantee to finalize the agreement.
Notarization requirements for this form
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to accurately describe the property and its conservation values.
- Omitting specific prohibited activities that could result in damage or misuse.
- Not obtaining the necessary approvals before making changes to the property.
Why complete this form online
- Convenience of completing the form from home at any time.
- Editability allows customized sections to fit specific property needs.
- Access to templates drafted by licensed attorneys ensures legal validity.
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FAQ
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.
The most common way to protect land is by conservation easement. A conservation easement (also known as a conservation restriction or conservation agreement) is a voluntary, legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its
State and federal tax benefits. If your conservation easement is permanent, was donatednot soldto a land trust for conservation purposes, and meets certain other IRS conditions, it can qualify as a tax-deductible charitable donation that can reduce your state and federal income taxes.
Under IRS rules, a conservation easement must achieve at least one of the following purposes: preservation of land for outdoor recreation or education of the general public; preservation of natural habitat for fish, wildlife, or plants; preservation of open space, including farmland or forest; or preservation of a
In a conservation easement, a landowner voluntarily agrees to sell or donate certain rights associated with his or her property often the right to subdivide or develop and a private organization or public agency agrees to hold the right to enforce the landowner's promise not to exercise those rights.
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.
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.
