What is a Conservation Easement? 

A conservation easement is a legal agreement in which the landowner retains ownership, use, and enjoyment of their property while they convey certain specific rights to the holder of the easement. Easements protect against excessive subdivision and development to protect land for agriculture, wildlife habitat, and recreation.  

The easement holder is a third party that commits to seeing that the easement terms are upheld by future owners of the land. Therefore, the holder needs to be a carefully chosen partner. Conservation easement holders are typically charitable land trusts such as VCC or public agencies such as the Natural Resource Conservation Service or the Virginia Department of Forestry. 

Easements are voluntary, flexible, and permanent. They protect conservation values unique to each property including farmland, forests, special wildlife habitats, watersheds, and scenic landscapes. Easements are also compatible with a variety of traditional property uses including farming, forestry, or recreation, depending on a landowner’s goals and vision for the property in the future.

What is included in a conservation easement?

Conservation easements have a number of “terms” or “restrictions” that are written to protect the features that make each property special. These may include limitations on subdivision, the number and size of future buildings, the location of future buildings to protect important agricultural soils, protections for water quality via riparian buffers, and habitat protection areas. Often, easements include multiple layers to protect a number of important resources on a given property. For example, a farm that has scenic views, adjoins a stream, has soils of national or statewide importance, and whose owner allows public access to a wildlife viewing trail may provide for all of these protections in their deed of easement. Easements are landowner driven and VCC staff will be along every step of the way in the long-term protection of your property.

What are some of the benefits to the landowner? 

By placing a conservation easement of your property, you are creating a legacy of clean air, open space, agricultural vitality, and pristine waters that future generations will benefit from forever. In addition to these intrinsic benefits, your qualified conservation easement donation is considered a charitable gift by the IRS, potentially making you eligible for certain tax incentives at the state and federal level.

Conservation Easements

Conservation easements are an important tool for conservation. 

Conservation easements protect millions of acres of privately owned land throughout the United States and hundreds of thousands of acres in Virginia alone. Easements help protect the landscapes, waterways, agricultural vitality Virginia is known for. Conservation easements are one important tool in the toolbox to help landowners protect their property permanently while maintaining the rights and benefits of private ownership – living and working on their land, selling it as they wish, or passing it to their heirs. 

Valley Conservation Council has no minimum acreage requirements for our easements and evaluates each property individually for its conservation values. No two parcels of land are the same, and no two landowners share identical situations or goals for their property. As such, each deed of easement is unique and specially written with a specific property, its unique character, and the goals of the landowner in mind. Easements ensure that each parcel of land is kept productive, beautiful, and protected for years to come.

Frequently Asked Questions 

Q: Do I still own my land after completing a conservation easement?
A: Yes – a conservation easement only limits the development of the property as outlined in the deed of easement.

Q: Does a conservation easement give the public access to my land?
A: No – not unless you specifically request it. Eased properties can still be posted as well.

Q: Can I leave the land to my children? Can I sell my land?
A: Yes – you still retain ownership of your land and are welcome to transfer or sell your property.

Q: What if there is a mortgage on my property?
A: You may still place an easement on your property, but your lender must also agree to the easement in a process called “subordination.” Contact your lender for more information on the subordination process.

Q: Will VCC tell me how to run my farm?
A: No – we’re dedicated to the preservation of land for agriculture in all of its many forms.

Q: What if I change my mind during the easement process?
A: Not a problem – an easement is only permanent after it has been recorded in the courthouse. You may change your mind at any point before then.

Q: How long does it take to complete a conservation easement?
A: Most easements can be completed within six months to one year after first contacting VCC depending on the complexity of the easement and the presence of any issues uncovered during the title search.

Q: I’ve heard about certain tax benefits for donating an easement, what are they?
A: Donating a conservation easement to a charitable land trust like VCC may qualify you for certain federal and state tax benefits, such as the Land Preservation Tax Credit. VCC staff can answer general questions about these benefits, but we are not tax or financial professionals, please speak with a tax advisor or financial planner about your specific situation.