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What is a Conservation Easement?
A conservation easement is a legal agreement between a property owner and a qualified conservancy, designed to protect the
natural or historic features of the site. This protection is accomplished by placing permanent, legal restrictions on the types and amounts of development that may occur on the property. The types of
restrictions placed upon an easement property will vary on a case-by-case basis, depending upon the features of the property, the wishes of the property owner for its future use, and the policies of the conservancy.
Easements provide an effective tool for achieving permanent protection of lands while allowing people to retain ownership and enjoyment of their property.
A conservation easement is a legally enforceable
agreement which is binding upon all current and future owners of the property. Typically, an easement is given in the form of a donation from the property owner to the conservancy. This donation has monetary value
and provides a tax benefit to the donor, assuming the easement meets the requirements set by the federal government. To be claimed as a charitable donation, an easement must: be a qualified, real property interest;
be given in perpetuity to a qualified organization; and be donated exclusively for conservation or historic preservation purposes.
On-line information
Want more information on conservation easements? There is a useful question and answer page for property owners on the web site of Heritage Conservancy:
Municipal officials interested in how easements can be useful in protecting a townships resources should download the guidebook published by Heritage Conservancy and DCNR.
Easement Publications
For property owners who want more detailed material on how to protect their land, we recommend several publications available through the Land
Trust Alliance. In particular, the following titles are useful for landowners:
Conservation Options, A Landowners Guide
Preserving Family Lands, Â a three book series by Stephen J. Small
Descriptive and ordering information for these publications can be found at LTAs web site: www.lta.org
Other steps
Radnor Conservancy cannot advise property owners regarding the value of the tax benefits for which they may qualify.Â
Persons interested in conservation easements for their properties should consult with their own legal and financial advisors to explore their conservation options in greater detail.Â
The information
provided here pertains to conservation easements designed to protect land from more intensive development. Â Persons interested in more restrictive easements protecting the appearance of an historic building
should seek out information on façade easements from preservation organizations such as the Preservation Alliance or the National Trust for Historic Preservation.
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