The following is a list of questions often asked by landowners who are considering a conservation easement on their property. The answers provide brief explanations of the easement process. For more in depth information, please contact the EMFLT officer.

What is a Conservation Easement?
A conservation easement is a legal agreement a property owner makes to restrict the type and amount of development that may take place on his particular property. Each easement’s restrictions are tailored to the particular property and to the interests of the individual owner.

Why Should I Grant a Conservation Easement?
People grant conservation easements to protect their land or historic buildings from inappropriate
development while retaining private ownership. By granting in perpetuity the resource values of the owner’s land will be protected indefinitely no matter who the future owners are. A conservation easement may also result in tax benefits.

What Kind of Property can be Protected by an Easement?
Any property with significant conservation or historic preservation values can be protected including forests, wetlands, farms, sensitive habitat, scenic and historic sites, and other areas.

How Restrictive is an Easement?
An easement restricts development to the degree that is necessary to protect the significant values of that particular property. Sometimes this totally prohibits construction or other types of development. Even the most restrictive easements usually permit landowners to continue traditional uses of their land and can be tailored to fit the owner’s particular circumstances.

How Long Does an Easement Last?
An easement can be written so that it lasts forever. This is known as a perpetual easement. Some easements may be written for a specified number of years and are called term easements.  Only gifts of perpetual easements can qualify a donor for income and estate tax benefits. These easements are recorded in county records offices so that all future owners and lenders know about the restrictions when they obtain title reports.

Must an Easement Allow Public Access?
Landowners are allowed to make their own decision about whether to open their property to the public. However, if an income tax deduction is to be claimed, some types such as recreational or educational easements require access.

Can Granting an Easement Reduce an Owner’s Property Tax?
Property tax assessment usually is based on the property’s market value which reflects the property’s development potential. If a conservation easement reduces the development potential of the property, it may reduce the level of assessment and the amount of the owner’s property taxes.

What are the Responsibilities of the EMFLT Towards the Easement?
The grantee organization is responsible for enforcing the restrictions that the easement document specifies. A representative of the organization periodically visits the property with the owner to assure that the property is being maintained in the condition prescribed by the easement. Written records are kept of the monitoring visits.

[The above FAQ’s are excerpts from the Conservation Easement Handbook by Diehl and Barrett].