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Conservation Agreements
A conservation agreement, called an easement, is a voluntary contract between a landowner and nonprofit conservation organization or government agency to protect the person’s undeveloped property. Each agreement is different, based on the needs of the owner and the land in question.
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How does it work?
The landowner retains ownership of the property but agrees to certain restrictions, such as giving up the right to subdivide and develop the land. If it’s a farm or timberland, the owner can continue to work the property.
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Who benefits?
The landowner, through financial breaks that include a federal tax deduction and a conservation tax credit from the state of North Carolina. The agreement may also significantly reduce federal and state property taxes annually, as well as estate taxes.
Everyone else benefits because conservation protects water supplies, plant and animal habitat, and North Carolina’s unique natural heritage.
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How long does it last?
Easements are permanent agreements. Land protected by a conservation easement may be sold, inherited or given as a gift, but the terms of the agreement are binding on the new owners.
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Details!
While each easement is unique, here are a couple of sample agreements that show the typical framework under North Carolina law.
Sample easement for natural lands
Sample easement for working lands (farm or timber lands)
(to be posted soon)
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Government agencies offer other conservation options if an easement isn’t right for you.
A real estate attorney familiar with conservation agreements can help you decide whether one of these options is right for you, or whether you might want to think about donating or selling your land to a conservation group that will protect it forever.
The Conservation Trust for North Carolina or your local land trust will be happy to talk to you about the many ways you can help save the places we love!
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