Conservation Easement Landowners

A conservation easement is a voluntary legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values. It allows you to continue to own and use your land and to sell it or pass it on to heirs.

Meet the Stewardship Team

Sarah Sheeran

Stewardship Director

sarah@appalachian.org

Chris Kaase

Stewardship Associate

kaase@appalachian.org

Hanni Muerdter

Conservation Director

hanni@appalachian.org

Mike Szymkowicz

Stewardship Manager

mike@appalachian.org

What to Expect as a Conservation Easement Landowner

Protecting your land with a conservation easement is the beginning of a long-term partnership. While you continue to own and enjoy your property, SAHC is here to help you understand the easement, navigate questions as they arise, and work together to ensure that the property’s important conservation values remain protected over time.

Baseline Documentation Report

Every conservation easement requires a Baseline Documentation Report, or BDR. The BDR documents the property’s conservation values and condition at the time the easement is established, providing a reference for future stewardship and monitoring.

It typically includes photographs, maps, descriptions of natural and scenic features, and existing structures or improvements. Because the easement is perpetual, the BDR becomes part of the permanent record for the property. We encourage you to keep a copy with your other important property documents.

Monitoring

SAHC monitors each conservation easement regularly to document changes and ensure that the terms of the easement are being upheld.

Monitoring may occur through a site visit or remotely using aerial imagery and other available data. We will notify you in advance when we would like to schedule a site visit. You are always welcome to join us, but are not required to do so.

Monitoring also gives us an opportunity to stay connected and answer any questions you may have.

Boundaries

SAHC’s policy is to mark the boundaries of its conservation easements with signs indicating the presence of a conservation easement. Surveyors may also mark boundaries with paint and/or flagging tape. Clearly marked boundaries help everyone understand where the easement applies and can help prevent accidental encroachments or other issues.

Changes in Ownership

Because conservation easements are perpetual, they remain in effect even as property ownership changes.

If you are considering selling or transferring all or part of your property, please contact SAHC early in the process. We can help ensure that the notification and documentation requirements in your easement are met.

Please also:

Notify your realtor or real estate professional that the property is subject to a conservation easement.
Make sure potential buyers are aware of the easement early in the process.
Direct serious prospective buyers to SAHC with questions about the easement.
Notify SAHC before transferring title to an LLC, trust, corporation, or other entity.

We are happy to speak with serious prospective buyers and explain the terms of the easement. Because every easement is unique, we focus on questions from those with a genuine interest in purchasing or owning the property.

Reserved Rights

To make a gift of stock, please supply the following information to your financial advisor:

Your conservation easement identifies certain activities and rights that are reserved to you as the landowner. Before undertaking a new project or activity, take time to review your easement and contact your SAHC stewardship representative if you have questions.

Some activities require advance notice or approval; others do not. When in doubt, please reach out before beginning work.

Before You Sign

If you are considering signing a document or entering into an agreement involving all or part of your protected property, please contact SAHC beforehand.

Examples may include:

Selling or transferring all or part of the property
Transferring title to an LLC, trust, corporation, or other entity
Changing the name or ownership structure of an entity that holds title to the property
Leasing, licensing, or otherwise transferring an interest in the property
Granting a right-of-way or additional easement
Securing a loan with the property through a mortgage, deed of trust, or other lien
Entering into certain contracts for work or professional services on the property

Your easement contains the specific requirements that apply to your property. Contacting us early can help clarify any necessary steps before documents are signed or commitments are made.

Activities on the Land

Depending on the terms of your easement, some activities may require prior notice or approval from SAHC, including:

Development or changes in land use
Grading, earth moving, or other changes to topography
Installation of utilities or storage tanks
Forest or vegetation management, including timber harvesting, thinning, or prescribed burning
Construction of new roads or bridges, or significant improvements to existing roads

Every conservation easement is different, so please consult your easement for the requirements that apply to your property. If you are unsure whether an activity requires notice or approval, contact us before getting started.