FACT: Landowners retain the title to their property, along with the right to sell, lease, borrow against, bequeath and manage their land. By placing restrictions on usage and development, a landowner is voluntarily giving up a portion of their rights, but CCALT does not control all that you do on the land. The landowner and CCALT negotiate the terms of the easement together, and each easement is tailored to the unique character of the land and each landowner's individual goals and values. Anyone considering a conservation easement should hire experienced legal counsel and should not sign an easement that does not meet the needs and desires of their family.

FACT: Public access is not a requirement for conveying a conservation easement.

FACT: Conservation easements do not prohibit you from selling your property but it does make the process of selling a bit more difficult. With that being said, many conserved properties change hands throughout Colorado each year. Note that a conservation easement will typically reduce a property's value by 35% - 65% depending on the restrictiveness of the deed, and the property's type and location. A conservation easement will also typically extend the time it takes to market and sell a property.

FACT: Land under easement continues to appreciate, but based on a reduced value. Once conveyed, a conservation easement can reduce a property's value by 35% to 65% depending on the restrictiveness of the deed, and the property's type and location.

FACT: The deed of conservation easement will spell out the terms by which a conservation easement can be transferred to another party. CCALT’s model deed of conservation easement strictly prohibits a transfer to a government entity without the explicit written consent of the landowner.

FACT: The conservation easement deed spells out the terms for a transfer of an easement in the event that a land trust ceases to exist. The landowner should pay careful attention to the terms that are negotiated.

FACT: In certain circumstances, conservation easements can accommodate oil and gas development.  CCALT has worked with many landowners to accommodate limited and localized oil and gas development on their properties.

FACT: Because conservation easements reduce the value of the property, the size of a loan available for mortgaging a property may be reduced, but banks will continue to offer loans that are collateralized by property with a conservation easement.
 

NOTE 1: In general, after placing land in a conservation easement, you must collateralize the entire encumbered parcel.  
NOTE 2:  Placing a conservation easement on property that is currently mortgaged requires a subordination of the mortgage by the lender prior to conveyance of the conservation easement.

FACT: Conservation easements cannot prevent condemnation, but it can make condemnation of your land much more difficult.  

FACT: Although there is no way to predict the actions of the Internal Revenue Service, the vast majority of conservation easement transactions completed  have not received undue scrutiny. As with any charitable donation, following the IRS regulations and the national Land Trust Alliance’s standards and practices will help support a landowner in defense of any potential IRS audit. Landowners should thoroughly investigate the land trust they intend to partner with and choose contractors that complete the due diligence requirements wisely.