A conservation easement (sometimes also referred to as a conservation restriction) is a voluntary, 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 you to continue to own and use your land and to 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 also will be bound by the easement’s terms. The land trust is responsible for making sure the easement’s terms are adhered to on a long-term basis.

Conservation easements offer great flexibility. An easement on property containing rare wildlife habitats might prohibit any development, while one on a farm might allow continued farming and the building of additional agricultural structures. An easement may apply to the entire parcel or only a portion of the property.

Perhaps most importantly, a conservation easement can be essential for passing land on to the next generation. By removing the land’s development potential, the easement lowers its market value, which in turn lowers estate tax. Whether the easement is donated during life or by will, it can make a critical difference in the heirs’ ability to keep the land intact.

Granting an easement to a conservation organization that qualifies under the Internal Revenue Code as a “public charity” – which nearly all land trusts do – can yield income 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.