Conservation Easement Lawyers

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What Is a Conservation Easement?

A conservation easement is a voluntary restriction placed on real estate by a landowner that permanently limits the uses of the land in order to protect resources such as nature areas, forest land, scenic views, recreational areas, historical structures, and cultural property. The landowner retains title to the property while the easement is sold or donated to a qualified conservation agency, such as a land trust or other qualified government agency. Future owners of the property will be bound by the terms of the easement.

Why Grant a Conservative Easement?

Landowners who grant conservative easements want to protect their land from what they consider to be inappropriate development while at the same time retaining private ownership of the property. Landowners who grant conservative easements also retain tax benefits

What Are the Terms of a Conservative Easement?

The landowner and the land trust usually work together to write a conservation easement that reflects the landlord's financial needs and emotional desires while at the same time protecting the land¿s conservation value. The easement usually restricts development to the degree necessary to protect the conservation values of the particular parcel of property. The landowner can always negotiate what restrictions will be placed on the property or has the option not to conserve the land.

Do I Need a Lawyer for My Conservative Easement Issue?

Conservative easement laws and regulations are complex and vary by jurisdiction. A real estate lawyer can properly identify and explain the law in your jurisdiction and can also help you negotiate the terms of the agreement with the land trust so that your interests are protected. A lawyer will also understand and explain all of the tax implications of your conservative easement to the land trust. 

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Last Modified: 11-13-2013 11:06 AM PST

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