Conservation Easements

Introduction

Introduction l Development Rights: Purchase l Development Rights: Donation l Easement Holders l Getting Started

What is an easement?

Property ownership includes a number of entitlements, such as the right to occupy, use, lease, sell, and develop the land. An easement exchanges one or more of these rights from the landowner to someone who does not own the land. An easement permits the holder certain rights regarding the land for specified purposes while the ownership of the land remains with the private property owner. Property owners may be familiar with easements that provide governments, telephone and power companies, and other industries with certain property rights.

The easement is a legally binding document that is publicly recorded and runs with the property deed for a specified time or in perpetuity. It gives the holder the responsibility to monitor and enforce the property restrictions imposed by the easement for as long as it is designed to run. An easement does not grant ownership, and the property owner must maintain traditional owner responsibilities, such as payment of property taxes, maintenance, or improvements.

What is a conservation easement?

A conservation easement excludes certain activities on private land, such as commercial development or residential subdivisions. Its main goal is to conserve natural or man-made resources on the land. The easement is usually described in terms of the resource it is designed to protect, such as agricultural, forest, historic, or open space easements.

Who can grant a conservation easement?

A conservation easement is a voluntary land-protection tool. The property owner is the only one who can decide to place a conservation easement on their property. If a property is owned by several individuals, all owners must agree to place the easement. If the property is mortgaged, the mortgage holder must also be in agreement for the easement to be placed.

Is land under a conservation easement considered public property?

Land covered by a conservation easement is still privately held land, with the only restrictions on land use being those desired by the owner who places the easement on the property. Easements can restrict or permit certain public uses of the land and do not have to permit public access at all. The decision to allow public access is left to the individual property owner who places the easement on the property.

Government initiated easement programs may require some public accessibility in order to meet tax requirements.

Conservation Incentive Programs

This summary of "Cost-share" programs describes ways landowners and citizens can share the cost of conservation projects.

Additional information and resources

• Reducing Your Taxes with Conservation Easements
• American Farm & Ranch Protection Act
• American Forests - American Forests is a world leader in planting trees for environmental restoration, a pioneer in the science and practice of urban forestry, and a primary communicator of the benefits of trees and forests.
• Virginia Land Conservation Foundation - of the Virginia Department of Conservation and Recreation
• Forest Legacy Program: Assessment of Need (English; PDF format; 1.2MB)

Last modified 2007-07-12