Services of a Conservation Realtor

Why You Need A Realtor?
Conservation easements involve several government agencies and a lengthy process for approvals. Because of the bureaucratic complexities it may take a year or more to complete the transaction. There is also a risk that a uninformed seller might give up a right that they need to continue their farming operation or other planned use of the property.

Finally, your project will compete with others for approval. As a result of these factors you need a Realtor who is experienced with these transfers and whose networking with various agencies will ensure fast tracking of your project. Because one of Jerry Parrish’s responsibilities while employed by the Department of Environmental Protection was acquisition of conservation easements, he has insider knowledge and expertise to best represent your interests.

What are Conservation Easements?
A conservation easement is a legal agreement between a property owner and a land trust or government agency where the owner sells or donates certain rights such as the right to develop. Although you give up some of the property rights, you to continue to own and use your land and to sell it or pass it on to your heirs.

Real property is defined as: land and improvements permanently attached to the land. Ownership of real property conveys six basic rights and privileges:

1. The right to sell the property
2. The right to use or destroy the property
3. The right to rent or lease it
4. The right to give it away
5. The right to enter or leave it
6. The right to do nothing with it

Each right may be disposed of individually or together with one or more of the others.

When you donate or sell a conservation easement you give up some of the bundle of property rights associated with the land. For example, you might give up the right to build additional structures, while retaining the right to grow crops. Future owners also will be bound by the easement's terms.

Conservation easements offer great flexibility. An easement on property containing rare wildlife habitat might prohibit any development, for example, while one on a farm might allow continued farming and the building of additional agricultural structures. An easement may apply to just a portion of the property, and need not require public access.

If the donation benefits the public by permanently protecting important conservation resources and meets other federal tax code requirements--it can qualify as a tax-deductible charitable donation. The amount of the donation is the difference between the land's value with the easement and its value without the easement.

Placing an easement on your property may also result in property tax savings.
A conservation easement can be essential for passing land on to the next generation. By removing the land's development potential, the easement lowers its market value, which in turn lowers estate tax. Whether the easement is donated during life or by will, it can make a critical difference in the heirs' ability to keep the land intact.

Conservation easements protect land for future generations while allowing owners to retain many private property rights and to live on and use their land, at the same time potentially providing them with tax benefits.