Saturday, 13 September 2014

When the holder of a conservation easement is donated the full property, does the easement die?

Question

When the holder of a conservation easement is donated the full property, does the easement die?



Answer

Depends on the term of the easement. Could be for a term, or in perpetuity. An attorney should review the grant. Conservation easements are usually given for tax benefits.



Answer

Added thought - also depends on whether by the terms of the agreement whether the easement rights and ownership rights are to merge or remain severable.



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