This section covers changes in ownership, addition of structures, and other additions including pools or recreational courts. Realtors listing a conserved property for sale will also find this section helpful.
Landowners: Sale or Transfer of Property
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Properties change hands over time. If you are planning to sell or gift your VES Land Trust conserved property to a third party or the next generation, your conservation easement most likely requires notice, usually at least 60 days before, to the grantee (that’s us!). Please let us know if you plan a change in ownership and then let us know when the change will occur and who the new owner is. We are standing by to assist with a smooth transition, and avoid any inadvertent damage to the conservation benefits.
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Federal deduction and state tax credit
When someone donates a conservation easement, they are making a charitable contribution and may receive a federal tax deduction and state tax credits. These upfront financial benefits offset a generally reduced market value because the conservation easement restricts development of the property. Ultimately, the conservation easement may impact the future sale price. However, sale price is still market and property dependent. More information on federal deductions and state tax credits can be found in our Tax Benefits information sheet. VES Land Trust does not give financial or legal advice. Talk with your accountant and attorney about potential tax benefits.
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Sales of conserved properties are property and market dependent. Staff at VES Land Trust track sale prices for lands conserved through VES Land Trust held conservation easements. To date, there’s no general trend showing either an overall decrease or increase in sale price. This means the conservation easement restrictions on development may impact the future sale price. However, sale price is still market and property dependent.
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Conservation easements are designed to protect conservation benefits. The right buyer for a conservation easement is someone who wants to steward the land and its natural resources and to protect the farms, forests, wetlands, waters, and heritage of the Eastern Shore. Owning conserved land is an investment in the rural character and natural resources of the Eastern Shore for the benefit of future generations.
Realtors: Sale or Transfer of Property
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As landowners look to sell their land protected under conservation easement, potential buyers may not understand what a conservation easement is or how it works. This guide and presentation are meant to assist realtors and landowners in understanding what a conservation easement is, what the benefits of protected land are, and generally permitted and restricted uses on a protected property. This information will help when marketing land to potential buyers and provide basic information for buyers on the function and elements of a conservation easement. However, each easement is unique and the recorded terms of the easement as well as the VES Land Trust should always be consulted on whether an activity is permitted or restricted.
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Conservation easements protect the natural resources and scenic quality of the land they preserve. This includes farms, forests, wetlands, waters/water quality, wildlife habitat, and cultural heritage. Read more: Why Conserve Land or read some of our Success Stories.
New Structures and Additions
Your conservation easement may allow new residences or accessory residential structures such as garages, sheds, or workshops. These changes require notice under the terms of the conservation easement. Usually, the easement specifies 60-day notice to the grantee (that’s us!) prior to construction. The easement may also limit the square footage of enclosed living space and/or the impervious surface limit.
Other Types of Changes
Your easement may allow a tennis court, pool, or other additions. These changes require notice under the terms of the conservation easement. Usually, the easement specifies 60-day notice to the grantee (that’s us!) prior to construction. Along with residential and accessory structures mentioned above, these types of additions will also count toward any impervious surface limitation specified in the easement.
Adding Land to a Conservation Easement
Contact us to learn more about options for conserving land.
*Banner photo by David H. Turner