The Real Estate Encyclopedia
Texas Land For Sale-What Is A Conservation Easement And How Can It Benefit My Land
Category - Real Estate Information Sources - Real Estate Articles

If you have Texas land for sale and are not sure what a conservation easement is nor how it can benefit you and your land you are not alone. I would say most people have no idea what a conservation easement is, I know I did not and had been in the land business for years.

 Who may give a conservation easement? Any landowner of record may donate a conservation easement setting forth self-imposed restrictions on the use of his or her property. If there is a lien holder on the property, the lien holder must accept and agree or subordinate to the terms of the easement. The property taxes are still due and payable by the land owner of record.

 Some questions you would certainly have if you donated a conservation easement would be what rights and duties would you give up and which would you retain? The land owner only give up those rights which a specified in the conservation easement. Except for the restrictions set forth the land owner can sell or lease the land, additionally other recreational uses can be enjoyed like hunting, fishing, even mineral and timber harvest on your Texas land.

 How can you know if your Texas land for sale qualifies for a conservation easement? If your Texas land is undeveloped, forested in native species or has a minimum amount of agriculture or timber use it will meet the basic requirements for conservation easement conveyance. In Texas most prairie, upland or bottomland hardwoods, mixed timber land will qualify for a conservation easement.

 If I donate an easement on my land does that guarantee me an income tax deduction? The simple answer is no, not all easements will qualify for an income tax deduction. To Qualify as a charitable contribution the donation must be perpetual, it must be donated to a qualified organization (a non profit land trust) and meet one of the conservations purposes test outlined in the Internal Revenue Code. The easement donor should be aware that one a conservation easement is donated it is subject to review for years after the original donation which might be a bit unsettling for some.

 Does a donated easement have to be perpetual? If you want a tax deduction for your Texas land the easement donation must be perpetual and this is probably a little worrisome to some Texas landowners as well, how will a buyer view the restriction placed on the land by the easement, will it hurt the resell value? The terms of the conservation easement should tell you along with the tax deducible nature that the land will decrease in value and this is why you get a tax deduction for the Internal Revenue Service.

 If you have Texas land for sale or you think for some reason in the future you may want to put your land up for sale, I would suggest much thought and council from qualified tax accountant as well as legal advice from an experienced land lawyer before you make any step towards a conservation easement.  



References


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