Donated Conservation Easements
Permanent protection. Private ownership. Lasting legacy.
A donated conservation easement is a voluntary, legally binding agreement between a landowner and a qualified land trust that permanently protects the conservation values of a property—such as wildlife habitat, working lands, water resources, or scenic character—while the land remains in private ownership.
Through a conservation easement, a landowner agrees to limit certain types of development or land uses to conserve what makes the land special. Because the landowner has essentially donated the development rights to a qualified entity, the landowner may be eligible for certain tax benefits. At the same time, the easement ensures the land’s protection for generations, leaving a lasting legacy.
How It Works
Voluntary & Collaborative
The landowner and land trust work together to customize the easement to the property’s unique conservation values and the landowner’s vision for the future.
Permanent Protection
Once recorded, the easement runs with the land, protecting it forever—even if ownership changes.
Private Ownership Retained
The land stays in private hands. The landowner continues to live on, work, or manage the property.
Stewardship & Monitoring
The land trust is responsible for long‑term stewardship and periodic monitoring to ensure the easement’s terms are upheld. However, this does not mean that the land trust controls the land’s management or enforces a management practice not explicitly stated in the conservation easement deed.
What an Easement Can Protect
Conservation easements protect important resources while allowing for compatible uses such as farming, forestry, hunting, recreation, and carefully defined future improvements.
These easements are commonly used to preserve:
Wildlife habitat
Forests, wetlands, and waterways
Agricultural and working lands
Scenic views and open space
Cultural or historic resources
Why Landowners Choose to Donate
Landowners donate conservation easements for many reasons, including:
- Legacy: Ensuring the land’s conservation values are protected for future generations
- Tax Benefits: Potential federal income tax deductions, estate tax benefits, and property tax considerations (subject to individual circumstances and consultation with qualified financial planners)
- Flexibility: Customized terms that reflect how the land is used today and envisioned for the future
- Peace of Mind: Confidence that conservation goals will be honored long after ownership changes
Our Role as a Land Trust
As a qualified land trust, TBG:
- Works closely with landowners to design easements aligned with conservation priorities
- Holds and enforces easements in perpetuity
- Provides long‑term legal stewardship and monitoring
- Serves as a trusted conservation partner rooted in the local landscape
FAQs
Does a conservation easement allow public access to my land?
No. Public access is not required unless the landowner chooses to allow it. Most donated conservation easements do not include public access.
Will I still own and control my land?
Yes. The land remains in private ownership. The landowner continues to manage, use, sell, or pass on the property, subject only to the easement’s agreed-upon conservation terms.
Can I continue farming, forestry, or other working land uses?
Yes. Conservation easements are often designed to support working lands. Activities such as agriculture, forestry, hunting, and recreation are typically allowed, assuming they are compatible with the conservation purposes.
Is a conservation easement permanent?
Yes. Conservation easements are recorded with the property deed and remain in effect forever, even if the property is sold or transferred to future owners.
What kinds of development are restricted?
Restrictions vary by property and landowner goals. Easements commonly limit subdivision or intensive development, while allowing defined improvements such as homes, barns, or infrastructure.
Are there tax benefits to donating an easement?
In many cases, landowners may be eligible for federal income tax deductions and other tax benefits. Because every situation is unique, landowners should consult their own tax and legal advisors.
How is the easement enforced?
The land trust holds the easement and conducts periodic monitoring to ensure the terms are upheld. This stewardship responsibility ensures the land’s conservation values are protected over time.
Interested in Learning More?
Whether you are a landowner, funder, or conservation partner, we welcome conversations about how donated conservation easements can advance shared goals.