Donating an Easement to NVCT:
The Usual Process
- Landowner contacts the Trust.
- Landowner and land trust staff walk the property.
- Ensuing discussions will cover: characteristics of the land, landowner’s goals for the property, which conservation values landowner wants to protect, land trust’s stewardship responsibilities, whether property fits land trust’s mission, and whether property meets IRS requirements if tax benefit is desired.
- Continue to refine substance, terms, and conditions of easement.
- NVCT will prepare a draft. Landowner may want to hire attorney to review.
- If landowner has any mortgages on property to be eased, these must be subordinated to the easement.
- Land trust conducts title search.
- NVCT and landowner assemble maps and/or survey of eased property, and identify any building envelopes for reserved building rights. Landowner may be asked to pay.
- Landowner hires appraiser and gets appraisal no more than 60 days before donation. NVCT can recommend local appraisers, but landowner must pay for appraisal.
- NVCT prepares Baseline Documentation Report (BDR): comprehensive photographs, maps, and narrative describing property condition at the time of the easement donation, ecological conditions, and describing areas of reserved building or other rights, if any.
- Landowner reviews BDR for accuracy, signs and notarizes it, retains one copy.
- NVCT and Landowner Sign and Notarize Easement.
- Landowner records easement with county courthouse, retains 1 copy, and sends 3 certified copies to NVCT.
- NVCT begins annual stewardship visits to property.
The Wall Street Journal reports on tax incentives for conservation easementsRead More
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