What Is the Conservation Easement Planning Process?

The most important part of the easement process for the Barrington Area Conservation Trust is to understand your individual needs and desires in planning for the future of your property. We will then work closely with you to design a Conservation Plan which will preserve the natural and scenic characteristics of the property, meet your specific financial objectives, and further the conservation goals of the Trust and the community. Because all easement donations require approval by the Board of Trustees, the Conservation Plan must meet the criteria for accepting easements established by the Trust. For property owners interested in receiving favorable tax treatment, the Trust will carefully research and document the “conservation purposes” of the easement.

The process for planning a conservation easement includes the following steps:

1. Defining the landowner’s Objectives

The Trust will meet to discuss landowner’s desires for the future preservation of the property and to understand the family’s financial and tax planning considerations. We will walk the property with the landowner and evaluate the natural, historic, and scenic resources of the property.

2. The Proposal and Cost Estimate

A proposal and cost estimate will be presented to the landowner for planning and preparation of the easement documents.

3. Conservation Plan Proposals

One or more conservation plans will be proposed for the landowners’ consideration.

4. Preparation of the Conservation Plan/Draft Conservation Easement Agreement

The Trust will draft conservation easement documents for review by landowner and his or her advisors.

5. Preparation of Background Documentation Report

The Trust will prepare background documentation report establishing current condition of the property including research intended to meet IRS requirements for easement donations.

6. Approval, Signing, and Recording of the Final Easement Agreement

The final easement agreement will be approved, signed and recorded with copies of documents delivered to landowner for safekeeping.

Note: If there is an existing mortgage on the property at the time of the easement donation, the lender is required to subordinate the mortgage to the conservation easement.