Preserved Land & Trails - Is An Easement Right for Me?
Landowners who own exceptional open space parcels (working farms, estates
with scenic or historic landscapes, parcels with unique, beloved habitats,
etc.), and the Aquidneck Land Trust often share common ground: we both
value our natural heritage, are grateful for our relationship to this land,
and want to see it protected for future generations.
People who love their land often look to land trusts to help them protect
it forever.
The Aquidneck Land Trust's conservation tool of choice is the conservation
easement.
A conservation easement is a mutually created legal agreement between a
landowner and a land trust or other qualified land conservation agency that
permanently protects the land's conservation values by limiting uses of the
land. It allows landowners to continue to own and use their land and is
also an essential estate-planning tool to pass land to the next generation.
By removing the land's development potential, the easement can lower its
market value, which in turn can lower an estate tax and/or property taxes.
Whether the easement is donated during life or by bequest, it can make a
critical difference in the heirs' ability to maintain the parcel.
Landowners execute a conservation easement because they love their special
land, and want to protect it from inappropriate development while retaining
private ownership of the property. Granting an easement to the Aquidneck
Land Trust can yield income, property tax, and estate tax savings. Moreover,
land trusts, some of which are more than 100 years old, have the expertise
and experience to work with landowners and ensure that the land will remain
as permanent open space.
Conservation easements offer great flexibility and can be tailored to meet
the individual needs of a landowner. 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 a few
additional agricultural structures. An easement does not have to apply to
an entire parcel. It may concern just a portion and it does not require
public access. Future owners will be bound by the easement's terms and the
land trust is responsible for making sure the easement's terms are followed
carefully.
Conservation easements are very popular. In the decade between 1990 and
2000, the amount of land protected by local and regional land trusts by
using easements increased more than fivefold to 2.6 million acres.
Landowners have found that conservation easements can be flexible tools,
and yet provide a permanent guarantee that the land won't ever be
developed. Conservation easements are used to protect all types of land,
including coastlines, farms, historic or cultural landscapes, scenic views,
wetlands, streams and rivers, trails, wildlife habitats, and forests.
I'm very interested in conserving my land. What do I do now?
The first step in the process is to contact the Aquidneck Land Trust. We
are eager to hear from you and learn why you love your land. Explore with
the Aquidneck Land Trust the conservation values you want to protect on the
land. Discuss what you want to accomplish, and what rights you may want to
retain. For example, if your parcel is large enough, you may already have
one home on your property and want to preserve the right to build an
additional residence for a child in the future. That is the type of
provision that must be specifically written into an easement agreement.
The Aquidneck Land Trust will help you understand if your land meets the
Land Trust's conservation criteria
The Aquidneck Land Trust can put you in touch with owners of conserved land
so you can learn first hand what the process is like before as well as long
after the closing. Please remember to consult with other family members as
well as your own advisors regarding such a substantial decision.
Want to learn more about preserving your land? Please contact Ted Clement
at 401/849-2799 ext. 12. Ted will answer questions regarding your specific
situation.
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