Protecting Your Land

What is a conservation easement?

A "to do" list -for those who wish to place a conservation easement on their property.

What is a 

Conservation

Easement ? 

The wishes set forth to protect the conservation values of your property in the easement agreement are decided upon by you, not the Trust. Placing a conservation easement on your property does not give the public the right to enter. Federal and state governments are not involved, unless you decide to have your easement purchased. Conservation easements are meant to be flexible. All future owners will be bound by the easement’s terms. The conservation easement agreement is recorded with your deed and cannot be removed. The land trust is responsible for making sure the terms of the easement agreement are followed. An easement donation that meets federal tax code requirements can qualify as a tax-deductible charitable donation, and thus can be a tool in reducing estate taxes — sometimes making a critical difference in an heir’s ability to keep the land.

Once you sign your conservation easement agreement, your property will be permanently protected, remaining largely as it is today. You will have contributed to the quality of life in, and enjoyment of, the Cacapon and Lost River watershed for generations to come. You will also have the opportunity to enjoy the federal tax benefits of an easement donation. The minor transaction costs of donating an easement are usually tax deductible.

The Trust will continue to watch over the land, making periodic site visits to ensure that your conservation easement restrictions are upheld. We will take every step necessary to uphold your easement wishes.

By entering into an easement agreement with the Cacapon and Lost Rivers Land Trust, your easement will be handled with confidentiality. Like others who have signed conservation easement agreements, we are certain you will gain great personal satisfaction and peace of mind knowing your land is protected forever.

Create a list of the things you don’t want to see happen on your property, now or in the future. An example might be that you wouldn’t want to see fifty houses on your property in the future, but you wouldn’t mind three, or maybe you’d prefer that your land not be subdivided. The land restrictions set forth in your conservation easement agreement are your restrictions. The Trust does not tell you what to do with your land.

Once you have made your list, we will work together to draft a conservation easement agreement that properly and clearly conveys your goals. There is no charge for this service, however a refundable $200 posting fee is requested. The fee is refunded when your easement is signed.

Your attorney or title company will need to draw up a title report. If there is a mortgage on the property, the Trust will need to contact the mortgagor to discuss the effect of the easement on the mortgage and to develop a written agreement. For those wishing to take advantage of the federal income tax deductions, the mortgage agreement is required under IRS regulations. The Trust can sometimes arrange a free title search, otherwise the cost is your responsibility. *

IRS regulations require documentation establishing the condition of your property at the time your conservation easement is signed. Specific conservation values, such as soil types, tree types, aerial photographs, and location of wetlands, will be recorded in the baseline document. By signing the baseline, you will agree that the document’s content appropriately represents your property at the time the easement is signed. There is no charge for this service.

In almost every case, the boundaries listed in your deed will suffice to determine the land in your easement. In the unlikely event a new survey is needed, you are responsible for the cost.*

The Trust’s Board of Directors reviews and must approve all conservation easements held by the Trust.

We will review with you and your legal advisor the final easement document, maps, exhibits, and the baseline documentation. If acceptable, we will obtain your, as well as your legal advisor’s, approval to move forward to the easement signing and recording process.

You and the Director of the Trust will sign the final easement document as well as an affidavit certifying the accuracy of the baseline document. A notary will be present. The Trust will ensure that the easement is recorded immediately. Recording costs (usually less than $50) are the responsibility of the landowner. *

Landowners wishing to take advantage of the tax benefits of conservation easement donations will need to obtain a qualified conservation appraisal. The Trust will provide a list of qualified appraisers. The value of the easement is equal to the value of the property before the easement is signed minus the value of the property after the easement is signed. You should seek advice from a tax attorney or accountant if you plan to claim the value of the conservation easement as a charitable donation for state and federal taxes. Fees for these services are the responsibility of the landowner. *

A gift to our Stewardship Fund is not a requirement. Routine monitoring by the Trust is the only way to ensure that the goals of your conservation easement are being achieved. If the property changes hands, the Trust will establish a relationship with subsequent landowners, regularly inspect the property, and resolve issues regarding continued protection of the land. It requires financial resources for land trusts to provide these services in perpetuity. We would be delighted to help you explore the many ways to make such a gift. *

* When fees are associated with the donation of a conservation easement, these costs are usually tax deductible. We suggest you contact your accountant for details.