Question & Answer
Protecting Your Land
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Conservation easements empower individuals to safeguard the land they cherish, serving as the foremost tool for preserving privately owned land. These easements are mandated to deliver public benefits, encompassing crucial aspects like water quality, preservation of farmlands, picturesque views, wildlife habitats, opportunities for outdoor recreation, educational initiatives, and the preservation of historical sites.
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The extent of restrictions on your land depends on the specific goals you aim to achieve through conservation. When placing your land under easement, collaboration with a land trust allows you to tailor terms that align with both the land’s preservation needs and your preferences.
For instance, if your priority is to retain the option to construct a residence or subdivide your property, these rights might be preserved, provided they don’t compromise crucial conservation values like productive farmland or wildlife habitat. Conservation easements can cover the entirety of your property or only specific portions.
While each easement is distinct, there are some general guidelines. Agricultural activities, such as farming and forestry, are typically permitted. Development is restricted, and surface mining is prohibited.
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No, donating or selling a conservation easement does not obligate you to allow public access to your property. The conditions regarding public access, or lack thereof, should be explicitly outlined in the conservation easement agreement.
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A conservation easement constitutes a permanent restriction on the land, and the associated deed is officially recorded in the registry of deeds. As such, the easement cannot be removed from the property.
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Yes, you are allowed to sell your property. However, it is important to note that the new landowner will inherit and be bound by the terms and restrictions outlined in the existing conservation easement.
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While the majority of conservation easements are typically donated, in cases where your land holds significant conservation value, a land trust might consider raising funds to purchase an easement. Specifically, various federal, state, and local programs exist to provide financial support for acquiring easements, particularly on properties with high conservation value, such as forested land and farmland.
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Donating a conservation easement can offer substantial tax benefits, provided it complies with federal regulations. This donation may lower your federal income tax since you can claim the donated value of the easement as a tax-deductible charitable contribution. To ensure compliance and maximize these benefits, it is advisable to collaborate with the land trust, a real estate appraiser, and your tax preparer to complete the necessary documentation for your tax return.
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Initiate the process by engaging in discussions with our land conservation committee.
Take the time to familiarize yourself with our organization to determine if it aligns with your project goals. During these conversations, articulate the conservation values you aim to safeguard and clarify your intended land use. It is crucial to involve family members in these discussions as this decision has significant implications. Given the magnitude of this choice, you should consider seeking guidance from your attorney and financial advisors to ensure a comprehensive understanding of the legal and financial aspects involved.
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The responsibility of the land trust is to ensure the enforcement of the restrictions outlined in the easement. This involves regular property monitoring, usually on an annual basis. Collaboration with you and any subsequent landowners is essential to ensure that all activities on the land adhere to the terms of the easement. In cases where necessary, the land trust is obligated to take legal action to uphold and enforce the easement.
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Conservation easement stewardship encompasses two main aspects. Firstly, it involves cultivating positive relationships and maintaining effective communication with property owners to ensure a clear understanding of the specific restrictions and reserved rights associated with their easement. Regular discussions about the property owner’s plans can help proactively address any potential easement violations. Additionally, stewardship includes periodic inspections to verify compliance with the easement terms and to identify and address any encroachments onto the property by neighboring landowners or third parties.
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Upon agreeing to hold a conservation easement or acquire land, we undertake substantial stewardship responsibilities. To support the ongoing monitoring of our conservation easements and properties, we establish a dedicated stewardship fund.
Typically, we request donors to contribute to this fund. In some cases, we may secure grants to cover the costs associated with the stewardship donation. Contributing to the stewardship fund helps ensure the long-term effectiveness and enforcement of the conservation easement or land acquisition.
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Conservation easements may entail expenses related to items such as legal fees,
surveying, appraisal costs, and other professional services.
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No, we are an independent qualified nonprofit corporation established under the laws of the State of New Hampshire. Although we collaborate with the Town of Bow, including maintaining a positive relationship with the Conservation Commission, it is essential to clarify that we operate as an independent entity.