We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Law

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Conservation Easement?

Mary McMahon
By
Updated: May 17, 2024
Views: 3,771
Share

A conservation easement is an agreement between landowners and a municipality or land trust which is designed to protect land from development while allowing people to continue to hold it in private ownership. Like other easements, conservation easements are perpetual, except in extenuating circumstances; for example, a conservation easement can be overridden by eminent domain. The conservation easement is a powerful tool for preserving farmland, animal habitats, timber, and historic sites, ensuring that these resources will be around for future generations to enjoy.

The only person who can initiate a conservation easement is a landowner. Landowners can approach either municipalities or land trusts with an easement offer, and the organizations they approach can decide whether or not to accept the easement. If the easement is accepted, it will be written up and recorded along with the rest of the property deed, ensuring that the easement accompanies the property through any potential sales. In some cases, land trusts also may approach landowners to ask for a conservation easement.

A typical conservation easement prohibits subdivision and the construction of additional structures. Many agricultural easements are designed to allow the land to be used for agricultural use, serving as an incentive for farmers to donate conservation easements, because they can continue to use the land in the way they always have. Conservation easements also do not come with the right to public access; the land is privately held, and the landowners can decide whether or not to let people visit the site.

The obvious advantage to a conservation easement is that it protects land, especially in areas where development is rampant and people are concerned about sprawl. Some farmers like the concept because conservation easements allow them to express their wishes for the use of their land in a way which cannot be ignored, and many communities appreciate the generosity of people who donate conservation easements, because it ensures that they can continue to live in lightly developed areas which retain their rural characteristics and feel.

Another advantage to conservation easements is that they come with a tax break. Typically, people can claim a conservation easement as a tax deduction, because it presumably lowers the value of the land. In this case, an appraiser decides how much the property would be worth without an easement, and then how much it is worth with the easement, with the landowner deducting the difference. It is important to donate to an approved land trust or conservancy to get a tax deduction, and to appraise the land fairly. Failure to do so can result in a charge of tax fraud.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Editors' Picks

Discussion Comments
By anon49097 — On Oct 17, 2009

my neighbor turned us in to a building inspector for loose siding but won't give us an easement to do the repairs. what can i do?

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
Share
https://www.wisegeek.net/what-is-a-conservation-easement.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.