Easements

A conservation easement is a legal agreement between a landowner and a land trust or government agency, that permanently limits uses of the land in order to protect its conservation values. It allows landowners to continue to own and use their land, and they can also sell it or pass it on to heirs.

When you donate a conservation easement to a land trust, you give up some of the rights associated with the land. For example, you might give up the right to build additional structures, while retaining the right to grow crops. Future owners will also be bound by the easement's terms. The land trust is responsible for making sure the easement's terms are followed.

Conservation easements offer great flexibility. An easement on property containing wildlife habitat might prohibit any development, for example, while an easement on a farm might allow continued farming and the addition of agricultural structures. An easement may apply to all or a portion of the property, and need not require public access. In some cases, placing an easement on your property may also result in property tax savings. For further information, contact Great Rivers Land Trust at (618) 467-2265.

 

Easements FAQs

 

What is a conservation easement?
A conservation easement is created when the land owner enters into a perpetual legal agreement with a land trust that permanently restricts harmful uses and over development of the property. The land stays in private ownership and use, and the land trust sees that the restrictions are carried out. These are also known as conservation restrictions.
 
What is an agricultural easement?
An agricultural easement is a variation of the conservation easement that specifically targets the agricultural use of the property.
 
How long does an easement last?
An easement is given in perpetuity and is recorded with the deed of the property.
 
Can the public come on my land if I give an easement?
No. Easements are very specific and do not interfere with other private property rights.
 
What are some benefits to donating an easement?
If you donate an easement that meets federal tax code requirements, the value of the easement can possibly be treated as a charitable gift and deducted from income tax (to the extent your particular tax situation allows).
Because an easement lowers the property's fair market value, it can also result in lower property taxes.
Federal estate tax is based on the land's current fair market value. Placing an easement on the land may reduce its fair market value which can result in lower estate taxes after you pass away.
Most importantly, donating an easement on your land ensures its conservation, scenic, agricultural, or historic values are preserved while continuing to own and use your land.
 
Can I donate an easement in my will?
Yes. Donating an easement by will has the same effect on estate taxes as a lifetime donation. You should negotiate the easement with GRLT before including it in your will. This will ensure that GRLT is willing and able to receive it and that the easement achieves what you want it to.