Steps in Entering into a Conservation Easement

Once a landowner decides to enter into a conservation easement, the process can take between one month and one year, depending upon the size and complexity of the easement.  Some of the steps include:

1.   Meeting  with WSGALT personnel and touring the property

2.   Discussing the terms of the easement

3.   A title report

4.   A baseline report documenting the built structures and features of the property at the time the easement is granted

5.   A real estate appraisal

6.   Recording the completed easement at the county courthouse.

If the landowner plans to take a charitable deduction, he or she must obtain a subordination of any mortgages or contract holders.  Similarly, depending on the ownership of the property’s mineral interests, there may need to be a report from a geologist determining the land’s eligibility for an income tax deduction.

Get Independent Legal Advice

The decision to enter into a conservation easement is a substantial one and should involve careful consideration within the family.  Independent legal counsel should also be consulted to determine individual financial implications.