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F The conservation easement has been widely used by landowners in Maryland, but some confusion remains about what a conservation easement really is. In view of this, the Maryland Environmental Trust (MET) has prepared this Guide to help property owners work through the various aspects of a Deed of Conservation Easement. Disclaimer: The information and data on this page is for guidance and general planning purposes only. It should not be used to make decisions on specific matters. What is a conservation easement? A conservation easement is a legal agreement between a landowner and a land trust (like MET), which restricts the future uses of the landowner's property. It is binding on all future owners of the property. An easement often specifies such things as the amount of subdivision that is allowed on a property, or the number of houses that may be built. It does not grant public access to a property unless the landowner specifically wishes to allow it. Conservation easements are tailored to fit a landowner's individual situation, and the terms of the easement are arrived at only after detailed discussions between the landowner and the land trust. A landowner may choose to have his or her easement held jointly by two land trusts, such as MET and a nonprofit local land trust. What are some of the benefits of Conservation Easements? Through a conservation easement, landowners can protect their property from development for future generations: for example, they can ensure that an agricultural property will remain a farm, that an historic estate will remain untouched by subdivision, or that a stream or stretch of Chesapeake Bay shoreline will remain forever wild. In addition, the donation of a conservation easement to a land trust may significantly reduce estate and inheritance taxes, federal and state income taxes and local property taxes. What is the process? Establishing a conservation easement is a straightforward process; MET has the expertise to guide interested landowners through the various steps. MET works with them (and their financial and legal counsel, if they desire) to create the legal document. MET also completes a baseline inventory of the property to record the agricultural, scenic, historical, and wildlife values the easement will protect. (The inventory is approved by the landowner.) In order to take advantage of the estate and income tax benefits of donation of an easement, the landowner must get an appraisal to establish the easement’s value. MET can provide lists of qualified appraisers.
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