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What is a Conservation Easement?

It is a legal document between a landowner and the Conservancy to preserve open space.

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Examples of Conservation Easements and how they work

 Conservation Easement on a FULL LOT

You own a lot or want to purchase a lot and establish a conservation easement on it. 

         (Example - 21 Cole Place)

  • The property title remains in your name.

  • You place a dedicated conservation easement on the entire lot.

  • The Conservancy ‘controls and manages’ the lot (easement), meaning it will remove pepper and invasive plants, keeping it in a natural state and nothing can be built on the lot.

  • You can designate access to the public or not.

  • Regarding Federal income taxes, you can deduct the appraised value of the easement on your income taxes for the year the easement is established.

  • Regarding real estate taxes, you can file with the County appraiser’s office after the first year and almost totally eliminate future annual property taxes.

  • Click here to see an example of tax savings on a Conservation Easement

Conservation Easement on a PARTIAL LOT

You own a lot with or without a house and want to establish an easement on a portion of your lot. (Example – 26 Palm Drive and 140 N. Gulf Blvd)

  • The property title remains in your name.

  • You place a dedicated conservation easement on only a portion of the lot.

  • The Conservancy ‘controls and manages’ the easement portion of the lot meaning it will remove pepper and invasive plants, keeping it in a natural state and nothing can be built on this portion of your lot.  The remainder of your lot is available for whatever purpose you choose.

  • You can designate access to the public or not.

  • Regarding Federal income taxes, you can deduct the appraised value of the easement on your income taxes for the year the easement is established.

  • Regarding real estate taxes, you can file with the County Appraiser’s office after the first year and reduce your annual property taxes.

Conservation Easement on a PARTIAL LOT, MULTIPLE OWNERS

You and your neighbor want to purchase the lot between your lots then split the lot.  You want your part of the lot placed in an easement.

  • You and your neighbor purchase and split the lot.

  • You dedicate a conservation easement on your half.

  • The Conservancy ‘controls and manages’ your portion of the lot (easement) meaning it will remove pepper and invasive plants, keeping it in a natural state and nothing can be built on the easement.

  • You can designate access to the public or not.

  • Regarding Federal income tax, you can deduct the appraised value of the easement on your portion of the property on your income taxes for the year the easement is established.

  • Regarding real estate taxes, you can file with the County appraiser’s office after the first year and reduce your annual property taxes.

The Conservancy has all the necessary forms for each scenario. We have the expertise to help you establish a conservation easement, and understand the process. We will work with you from beginning to end.

If my children inherit my property with a Conservation Easement on it can they remove it?

  • The short answer is YES if you have remained the titled owner.

  • They contact the Conservancy to make arrangements to release the easement. 

  • Then they pay all deferred property taxes to Charlotte County.

Other Opportunities

BARGAIN SALE of Property to the Conservancy

 You own a lot you want to sell and cannot afford to completely donate it to the Conservancy.  You may want to consider a “Bargain Sale” of the lot to the Conservancy. 

  • You sell the lot to the Conservancy for a negotiated value less than the current market value.

  • The Conservancy takes control of the lot and places it in a conservation easement.   The Conservancy makes all future decisions regarding the lot as the Conservancy owns it.

  • Regarding Federal income taxes you show a sale of the property for the sales value received and any related gain or loss on the sale.  You then can take a charitable contribution deduction on your tax return for the difference between the sale price and the fair market value at date of sale.

DONATION of Property to the Conservancy

   You own a lot and want to donate it outright to the Conservancy.

  • You give title of the lot to the Conservancy.

  • Regarding Federal income taxes, the deduction varies based on how long you have owned the property.

LEGACY Donation of Property to the Conservancy

You own a lot or other property and want to donate it to the conservancy upon your death.

  • You can establish your donation in a Living Trust, a Will, or other Estate planning vehicles.

  • You may place restrictions on the use of the donation by the Conservancy.

  • Contact your financial or estate planner to establish your wishes.

See other ways to donate to the Conservancy on our Support Our Cause  page

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