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Frequently Asked Questions
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What is a conservation easement? |
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A conservation easement is a
legal device that allows a landowner to give away some or all
rights to develop land and thus to protect the land from future
development. |
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How does that work? |
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Owning land
gives a person many rights: the right to occupy and use the
land; the right to keep others off the land; the right, subject
to zoning, to develop the land. When a landowner signs a
conservation easement, specific the rights to develop the land
are given to a land trust or to government. The owner retains
ownership of the property. |
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Exactly what rights are
given away? |
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A conservation
easement can be developed in a flexible manner to suite the
needs of the landowner and to reflect the particular
conservation assets of the land. The conservation easement is a
contract that is worked out between the parties. The important
values may be scenic, historic, archeological, habitat,
recreational, agricultural, or forest. Some easements do not
provide for any further development, but many allow future
construction and spell out the number and kind of buildings and
where they will be placed. The land remains private, unless
specified otherwise in the easement. Each easement is unique,
since no two pieces of land are identical. |
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What if I give an easement and later I need to make a change? |
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A conservation
easement does not completely freeze what will happen on the
land. The goal of the easement is to preserve a living
landscape, one that allows for good conservation while making
sure the land can continue to be used and enjoyed. An easement
should try to anticipate what the landowner’s needs will be.
Most easements are granted in
perpetuity. For this reason, the board of the land trust and
the landowner strive to keep the spirit of the easement, yet are
prepared to adjust to changing circumstances. Winnakee has
already made adjustments with several landowners as their
reasonable needs arose. |
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Why give an easement? |
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There are several benefits to
landowners who protect their land with conservation easements.
Establishing a conservation easement is a way to ensure that the
land you treasure will be protected forever. This is a promise
Winnakee Land Trust makes in accepting your conservation
easement. An easement cannot be changed by local zoning laws. It
will legally protect your property forever.
Further, there are substantial
tax benefits at both the state and national level that offer
incentives to landowners establishing conservation easements.
Winnakee Land Trust is happy to provide more information on
these. Just give us a call. |
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What about my neighbors? |
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A landowner may also encourage
his or her neighbors to establish a similar easement or even a
cooperative easement. This gives all of the landowners in an
area a strong way to preserve their neighborhood, which is the
environment we each generally know the best and love the most. |
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How much does it cost? |
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It does take money to prepare
the materials needed for an easement, to document the land at
the time of easement, and to negotiate and draft the papers. And
it takes more money to endow the perpetual management of the
easement. A landowner should expect to pay approximately $5,000
to the land trust for the preparation at each easement, and
$5,000 for each lot put into easement. Winnakee will work with
landowners to find resources for those who need assistance with
this cost. |
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