Conservation Easements

Frequently Asked Questions

What is a Conservation Easement? 

A conservation easement protects the conservation values of your property,
like your farmlands or forestlands or wetlands and open spaces. 

It is a legal agreement filed with the deed of your property
that ensures those conservation values are always protected no matter who owns the property in the future.

If you, as a property owner, want to protect your land with a conservation easement,
Otsego Land Trust (OLT) works with you to develop the easement to determine what may be important to protect or conserve.

Otsego Land Trust helps ensure your property is protected under the terms of your easement into the future. 

If I donate a conservation easement, do I still own and control my property? 

Yes, YOU still own your property.
You can sell, lease, farm, conduct forestry, or do any of the things you would normally do with your property, subject to the terms of the protections described in the easement. 

Does a conservation easement require me to allow public access to my land? 

NO. A conservation easement does NOT give the public any rights to your land. 
Again, your private property is YOUR private property.

What kinds of protection does a conservation easement offer? 

In order to protect the conservation values of the land, a conservation easement will prohibit inappropriate development activities and prevent excessive subdivision.
It will also designate different levels of protection based on the unique characteristics of your property.
For example, the easement may say that no building is allowed along a stream corridor, but could allow the building of a residence or barns within a designated area.
Every easement is slightly different, depending on the property and your needs and desires as the landowner.
However, there are protections that every easement document contains.

How does Otsego Land Trust ensure the easement is upheld year after year? 

OLT and landowners are partners in conservation and in ensuring the easement is upheld.

• As part of OLT’s responsibilities, our stewardship staff visits all easement protected properties each year to ensure conservation values are being protected as per the terms of the easement.

• We also serve as a resource for landowners by sharing land management and conservation related information and contacts.

Are there tax benefits associated with conservation easements? 

There are tax benefits available.
Please see our PDF handout titled: “Tax Incentives for Conservation Easements” or call our office at 607-547-2366, ext. 109 for more information regarding the possible tax benefits related to conservation easements. 

Why does Otsego Land Trust protect land using conservation easements? 

Otsego Land Trust is a private, non-profit conservation organization with a mission to conserve our natural heritage of woodlands, farmlands, and waters that sustain rural communities, promote public health and support wildlife diversity.

• Every time we conserve a property with a conservation easement we take a step towards furthering our mission. 

• Conservation easements benefit you, the property owner, by protecting the conservation values of your land into perpetuity. 

• Conservation easements also benefit the community because protected lands contribute to the environmental health and forest and agricultural viability of our entire region. 

• We are a community organization who truly believes that a good quality of life depends on the health of the lands and waters that sustain us.

Please Note:  Otsego Land Trust cannot provide any legal, tax or accounting advice, or make any representations regarding eligibility for tax incentives. We strongly encourage all landowners and donors to consult with their own professional advisors.

Updated 2022/02/24