The Truth Behind 6 Common Misconceptions about Conservation Easements
A conservation easement is one of the most powerful ways to protect the farmland, woodlands and wetlands that are essential to our regional landscapes, economies and culture. However, landowners may find these legal agreements to be complex. This is why Northern Neck Land Conservancy staff are available to help demystify the process of permanently protecting open space land. Following are six common misconceptions people may have about conservation easements.
MYTH
The public can access your land when you protect it with a conservation easement.
FACT
A conservation easement benefits everyone by protecting open land. It does not automatically grant public access.
There is an important difference between public benefit and public access. We believe everyone benefits when farmland, woodlands, and wetlands are protected, even if not everyone can access those spaces. Protected open lands provide safe places for wildlife to live and travel, allow for the safeguarding of clean water and soil, and maintain beautiful views for generations to come.
MYTH
You can’t sell your land when you have a conservation easement.
FACT
While easement donors agree to permanently limit future development, they retain the right to sell the property – among other property rights.
Land is an important asset, and landowners with a conservation easement are free to sell their property. The terms of the easement are conveyed along with the title to new owners. This means when land that is in easement is sold, it can’t be turned into commercial or residential development and will remain protected as the landowner who donated the easement intended.
MYTH
You can’t continue to farm, hunt, or fish on land that’s protected by a conservation easement.
FACT
The Land Conservancy supports traditional rural land uses like agriculture, hunting, and fishing.
The Land Conservancy supports rural activities that align with the conservation values protected by conservation easements. Our commitment is to preserve the essence of our region – its lands, waters, economies, and culture for generations to come. This means landowners retain the right to farm, fish and hunt.
MYTH
You have to give up the right to harvest timber when protecting your land with a conservation easement.
FACT
If you wish, you can keep your right to harvest timber.
A landowner who establishes a conservation easement with Northern Neck Land Conservancy can sustainably harvest timber as long as they reserve the right to do so in the easement agreement. Our strategy is to support rural economies, including timber harvesting. We do ask that landowners protected by a conservation easement share their Forest Management Plan before they start cutting. This way we can keep our regional open lands thriving together.
MYTH
You can’t pass your land on to your kids when it is protected by a conservation easement.
FACT
Landowners are free to leave their protected property to their child or a charity. The easement restrictions continue from owner to owner ensuring a legacy of land conservation.
Many conservation easement donors are motivated to protect their land as a way to contribute to future generations. Whether it’s to your children or a charitable cause, landowners retain the right to include land under a conservation easement in their estate plans. Easement restrictions that protect the property are tied to the land title, ensuring a lasting legacy of land conservation.
MYTH
All conservation easements are the same.
FACT
Northern Neck Land Conservancy works with landowners to customize their legal agreement based on the conservation values of the property and the landowner’s goals.
Northern Neck Land Conservancy is the region’s only locally based land trust. Dedicated and knowledgeable staff work hand-in-hand with landowners. Starting with a conversation, Land Conservancy staff help guide easement donors through the steps needed to create and record a Deed of Easement. We look forward to learning your property’s unique conservation values and your personal goals and tailoring your conservation easement accordingly.
To learn more about whether a conservation easement is right for you, contact Northern Neck Land Conservancy at 804-250-2334 or info@nnconserve.org. Additional information is also available on the organization’s Preserve My Land webpage.