What is a conservation easement?

A conservation easement is a legal agreement between a landowner and a land trust that permanently limits uses of the land in order to protect its conservation values. It allows you to continue to own and use your land consistent with the conditions of the easement and to sell it or pass it on to your heirs.

Conservation easements offer great flexibility. For example, an easement on property containing rare wildlife habitat might prohibit any development, while an easement on a farm might allow continued farming and the building of additional agricultural structures. An easement may apply to just a portion of the property, and need not require public access.

What are my first steps to donating land or an easement?

First, contact us and let us know your wishes. We'll visit with you and discuss your vision for your land. Together we'll formulate a plan to carry out that vision.

Once you've decided how you'd like to move forward, we'll work together to get a complete picture of your land including its location relative to other properties and natural features like woodlands, wetlands, wildlife habitats, plant life, and scenic interests.

With this information, we'll have a comprehensive understanding of your wishes and how to best protect your land. Then, we'll move forward by reviewing all the necessary steps to complete your donation or easement, and stay right there with you every step of the way.

How much will it cost me to establish an easement?

Costs vary depending on your goals and the complexities of the transaction. Typically, costs to consider are:

- Land appraisal, which is required if you will be claiming a tax deduction
- Legal counsel
- Tax counsel
- Stewardship donation, which is not required, but requested as a means to ensure we can always carry out and protect your wishes for and interest in the protected property. Not only is this donation tax deductible, but with the additional deductions you may take on the land, this could quickly pay for itself.

There are ways to help defray some of the costs. Some towns create a fund specifically to help landowners pay for some of these expenses. You may be able to solicit your town in such a case. Also, we can help by starting a fund-raising campaign, if the costs and the scope of the project compel us to do so.

How long does it take to establish an easement?

Time varies depending on the complexity of the transaction, personal schedules and the schedule of your appraiser, attorney and others. Typically, it takes at least a few months from beginning to end.

What if I change my mind? Can I ever amend an easement?

An easement is a permanent protection method intended to protect land in perpetuity. Amendments can be allowed, but they are highly conditional and can only be considered under specific circumstances.

Only a court ruling can allow changes to the terms of an easement once it is established. Courts will generally only allow amendments when it can be proven that doing so will further the original purposes of protecting the land.

Can I build on my land if I establish an easement?

Yes. Many people want to create a house site (or sites) for their relatives or future generations, and you have a couple of options. If you want to build outside the limitations of the easement, you can simply set aside portions of your land for development that are not covered by the easement. This allows you and your family to build as you normally would.

Or you can opt to build under the limitations of the easement by establishing what's known as a "reserved right," which is a provision for carrying out certain activities under the conditions and protections of the easement (see the following question).

The option that is best for you is something to discuss with your family, tax counsel, legal counsel and us, because each option has benefits the other doesn't.

For instance, if you choose to reserve the right to build at a later date under the limitations of the easement, you'll be bound by the easement's conditions. However, you also realize the maximum tax and land protection benefits because you've placed this portion of the land under the easement.

If you decide not to be bound by the easement, you will have more options now and in the future regarding how you develop the property, but won't realize the same tax or land protection benefits.

What rights do I have on my land once an easement is established?

You have certain inherent rights. Among these are the rights to sell your land and use it in a manner consistent with the purposes of the easement. You can also specify "reserved rights" to plan for future use on your land.

Popular reserved rights include:

- Timber harvesting
- Mineral extraction
- Future house sites for family members
- Agricultural operations

We will work with you to account for your future plans and help exercise any reserved rights when the time comes.

Can I sell my land if I establish an easement?

Yes. The terms of the easement will be in effect regardless of who owns the land. That way, you can realize a financial benefit from a sale while being assured the property is protected.

You say you'll protect my land forever. What if your land trust goes out of business?

Your wishes are guaranteed forever, even if the land trust holding the easement or title to the land goes out of business. We will become the primary easement holder, but will also name an executory easement holder. The executory holder will take on the role as the primary holder and accept all responsibilities in the event of dissolution. The executory holder can be another land trust or the town in which the land is located.

In owning land outright as would be the case with accepting a land donation, mandated in our founding Articles of Agreement is that all of our holdings and assets must be distributed to another non-profit public charity dedicated to the same cause in the event of dissolution.

Can I still live on land I donate?

Yes. These terms will all be defined at the time of donation.

My land is worth a lot of money and I want to bequeath my property to my family. How can I minimize their inheritance taxes?

You can lower and minimize inheritance taxes by donating a portion of the land or establishing an easement.

Your tax advisor can discuss exact numbers with you specific to your financial situation.

Will you buy my land outright?

Purchasing land is difficult for most land trusts because it is the most expensive protection option. In certain circumstances, land trusts do buy land, but this is usually negotiated as a "bargain sale."

If you choose to sell at a bargain rate, the benefits to you are that in addition to making money on the sale of the land, the difference between the fair market value and the sale price is usually tax deductible.

Generally, land trusts rely on land and easement donations as their primary protection methods.

Can I leave land to you in my will?

Yes. We can agree upon terms to accept your bequest.

I think I know the options I'd like to pursue. Where's the best place to get advice for my specific situation?

We urge you to discuss your specific situation with your legal and/or tax counsel to make sure you get the proper financial and legal advice.

If I allow public access to my protected land, am I liable for any injuries or deaths that occur to someone using my property?

No. You are protected by New Hampshire state law from any injuries or damages to anyone using your land provided you allow access free of charge and do not willfully injure someone.

Read New Hampshire RSA 508:14 and 212:34 for all the details.

What are your stewardship responsibilities?

Once we hold an easement or title to land, we become responsible for protecting the terms you specified. We create a baseline report of the property, then continue to monitor and survey the land regularly. If there is ever a violation of the terms of the easement or donation, we enforce the terms and correct the violation.

How do you fund your stewardship responsibilities?

We routinely raise funds to operate, but look to interested landowners to help fund our stewardship activities. Typically, landowners make a financial donation at the time of their land or easement donation.

These donations are tax deductible and with the deductions you may take on the land or easement, your stewardship donation could be covered many times over.

How do I calculate the tax benefits of a donation or easement?

Your tax advisor can tell you how this affects your specific situation, but let's use the following typical example:

After an appraisal by a qualified appraiser, your land is valued at $500,000. After the easement is established or land is donated, the value of the unaffected land is now worth $200,000. You made a donation of $300,000.

Can you help me find an appraiser or attorney knowledgeable in this field?

Yes. We can recommend a number of people who specialize in land donations and easements.

And don't worry -- we won't just hand you off to someone. We will work beside you through every step of the process.

Do I have any other options besides the ones you mentioned here?

Yes. The ones we outlined here are the most common. Please read our booklet on Land Protection Methods for details on other options.