Protecting Land

If you would like to protect your property with a funded easement, we will identify which program is best for your needs. TVCT will prepare your application and work with you to obtain necessary application documents. The application to closing timeline depends on the funding program and can take up to 1 or 2 years. However, Three Valley strives to have a property closed within a year of the easement funding award notification. All closing costs associated with the easement process will come directly out of the funding award prior to the easement closing. The landowner typically does not have any upfront costs, unless a survey or appraisal is required. For a funded easement,  a stewardship donation of 7% of the easement purchase price is requested. The stewardship donation ensures that we are able to legally protect and steward your property in perpetuity.

If you would like to protect your property with a donated easement, you may qualify for a significant tax deduction (more tax benefits details below). Our staff must request and receive board approval to begin your easement process. The first step is a ninety-year title search we will initiate with our title agent. Once a clean title is produced, a property visit is required to create your property Present Condition Report (PCR). Upon completion of the PCR, we will distribute a draft of the easement language for the landowner and attorney to review. When all parties have approved the easement language, the property will be ready to proceed toward closing. For a donated easement, the landowner is required to pay all associated legal and recording fees.  As with funded easements, TVCT requests a stewardship donation. This fee is based on a sliding scale that is dependent of the total acreage of the easement. 

   Standard Easement Restrictions

• Property can not be subdivided and easements can not be extinguished or terminated without court approval. 

• Impervious surface (roof and/or concrete) can not be greater than 2% of the total property acreage.

• Landowners are restricted from granting right-of-way access or easements for utilities, industrial, or commercial activities.

• In general, new construction must take place inside an established building envelope(s) also known as the homestead area(s). These areas are normally limited to 5% or less of the total property acreage. Homestead areas (depicted below) boundaries are established with the landowner while drafting the property's Present Condition Report and should make allowances for future land use plans.
  

You can’t sell your land if you have an easement on it.

Land under a conservation easement can be bought, sold, and/or transferred to heirs like any other private property transaction. The landowner never gives up title to their property, therefore, they maintain the rights to sell, lease, and manage their land.

You have to grant the public access to your land under easement.

Public access is not a requirement for conveying a conservation easement. As with any private property, the landowner chooses who to grant access to their land.

You can’t farm, hunt, fish, or harvest timber on your land under easement.

Land under easement can be actively farmed and most land uses or changes are allowable as long as they maintain or enhance the conservation goals of the easement. Hunting/Fishing is supported within state regulations. Timber harvests coordinated through a state forester are generally allowable.

You gain no significant benefits by putting your property in easement.

Conservation easements help to reduce urban sprawl, protect green spaces, provide cleaner air and water, keep prime land available for agriculture & forestry, and protect wildlife habitat. Some properties will qualify for easement funding, which will pay the landowner for their development rights and most landowners qualify for tax deductions for the donation of development rights.