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Conservation Easement:
A legally binding agreement by which a landowner restricts the future use of his or her property. The agreement is made between the owner(s) and a qualified conservation organization, which then assumes the responsibility for ensuring that the provisions of the agreement are honored. A conservation easement assures that property will be protected from undesired development, regardless of future ownership.
Any property valued for its agriculture, forestry, recreation, water resources, wildlife habitat, or scenic or historic qualities may be protected with a conservation easement.
The easement is recorded at the county Registry of Deeds so that all future purchasers or lenders will have notice of the restrictions when they obtain title reports.
The owner of property protected by a conservation easement may sell, give or transfer the property to a new owner at any time. Owners retain the right
to use and manage the property for all purposes except those restricted by the easement.
Donation of Land: A conservation-minded landowner may donate property to the town or to a nonprofit land conservation group. The land is removed
from the donor's taxable estate, and the gift may provide federal income tax deductions. Another option is to bequest the land; the gift is in the landowner's will and takes effect after his or her death.
Bargain Sale: Not all landowners are willing or able to part with their land or donate an easement on it, but may be able to sell the land or an easement
on it for less than fair market value. Federal income tax deductions may make this an attractive option.
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