About Conservation Easements
2007-08-16 @ 21:12:41
Conservation Agreements
Conservation Agreements (sometimes referred to as conservation easements) are one of the more commonly used conservation tools used by land trusts in North Carolina. They are voluntary, legal agreements between a landowner and nonprofit conservation organization or government agency. Under the agreement, the landowner gives up certain rights, such as subdivision and development of the land, while retaining ownership of the property.
The benefit of conservation easements for landowners wanting to protect their land for the future is the flexibility of the agreement. Landowners work with the partner conservation organization or government agency to achieve their management objectives while providing for permanent protection of the land. The agreement is drafted to achieve each partner’s goals so every agreement is unique to the property and landowner.
Permanent land protection agreements also provide financial benefits to the landowner. Donating a conservation agreement to a qualified grantee (the nonprofit conservation organization or a public agency) makes the landowner eligible for a federal tax deduction and a NC Conservation Tax Credit. The conservation agreement may significantly reduce annual federal and state property taxes as well as estate taxes. Conservation easements do not prevent a landowner from selling or gifting the property. Restrictions on development are conveyed to subsequent owners.
Sample Easements
The following section contains sample versions of conservation easements that CTNC has used in working with landowners. While every easement is unique to the property and landowner, these documents represent the typical framework. These samples are for reference only and are based on North Carolina law. You are advised to check with a real estate attorney familiar with conservation easements.
Every easement that CTNC employs is carefully drafted with the goals of the landowner in mind and specifically tailored to protect the unique conservation values of each property. Conservation easements are only one of a variety of conservation options available to landowners and land trusts. Please check other parts of this section of the website for more information on other options such as land sales and donations. CTNC does not condone, nor allow use of its conservation easement wording by other organizations or individuals without expressed consent of CTNC.
Two types of land protection agreements are presented here. The first is CTNC's sample easement for use on properties intended to be nature preserves with minimal human management. The second is a ‘working landscape’ easement intended to allow traditional uses of the land, such as farming or timber management, protecting conservation values while sustaining rural economic viability of the property and community. For more information on these sample easements or information on conservation options for your property, please contact CTNC or your local land trust.
Conservation Agreements (sometimes referred to as conservation easements) are one of the more commonly used conservation tools used by land trusts in North Carolina. They are voluntary, legal agreements between a landowner and nonprofit conservation organization or government agency. Under the agreement, the landowner gives up certain rights, such as subdivision and development of the land, while retaining ownership of the property.
The benefit of conservation easements for landowners wanting to protect their land for the future is the flexibility of the agreement. Landowners work with the partner conservation organization or government agency to achieve their management objectives while providing for permanent protection of the land. The agreement is drafted to achieve each partner’s goals so every agreement is unique to the property and landowner.
Permanent land protection agreements also provide financial benefits to the landowner. Donating a conservation agreement to a qualified grantee (the nonprofit conservation organization or a public agency) makes the landowner eligible for a federal tax deduction and a NC Conservation Tax Credit. The conservation agreement may significantly reduce annual federal and state property taxes as well as estate taxes. Conservation easements do not prevent a landowner from selling or gifting the property. Restrictions on development are conveyed to subsequent owners.
Sample Easements
The following section contains sample versions of conservation easements that CTNC has used in working with landowners. While every easement is unique to the property and landowner, these documents represent the typical framework. These samples are for reference only and are based on North Carolina law. You are advised to check with a real estate attorney familiar with conservation easements.
Every easement that CTNC employs is carefully drafted with the goals of the landowner in mind and specifically tailored to protect the unique conservation values of each property. Conservation easements are only one of a variety of conservation options available to landowners and land trusts. Please check other parts of this section of the website for more information on other options such as land sales and donations. CTNC does not condone, nor allow use of its conservation easement wording by other organizations or individuals without expressed consent of CTNC.
Two types of land protection agreements are presented here. The first is CTNC's sample easement for use on properties intended to be nature preserves with minimal human management. The second is a ‘working landscape’ easement intended to allow traditional uses of the land, such as farming or timber management, protecting conservation values while sustaining rural economic viability of the property and community. For more information on these sample easements or information on conservation options for your property, please contact CTNC or your local land trust.