Brandywine Conservancy Logo




















Conservation Easements
One of the Brandywine Conservancy's most important functions is to assist landowners and communities in developing land use plans which protect significant natural, agricultural and historic features while achieving social and economic goals.

The Conservancy recognizes that the individual landowner has the greatest ability to influence the destiny of our natural lands and cultural heritage.

Through our Land Stewardship Program, private landowners receive assistance in formulating appropriate long-term conservation plans for their properties.

First, we assess the natural, agricultural, historic, and scenic features of a property and their importance to the community. We then help the landowner evaluate short- and long-term financial aspects of land ownership. Finally, we propose a conservation plan that protects the property's resources and meets the landowner's objectives.

The Conservancy's principal means of contributing to the perpetual conservation of land is through the conservation easement.

Top of page
What a Conservation Easement Is
A conservation easement is an interest in land which restricts the owner's use of property in specified ways and grants the easement holder the right to enforce the restrictions. The easement holder is typically a non-profit conservation organization, often called a land trust.

The purpose of an easement is to protect the natural, scenic, or historic values of a property.

The owner retains title to the property and continues to use it, subject only to certain specific restrictions.

The owner also retains the right to sell, lease or bequeath the property.

The easement is granted in perpetuity and will apply to all future owners.
Since 1969, the Internal Revenue Code has permitted a charitable tax deduction for qualified conservation easements. IRS regulations issued in 1986 established specific guidelines governing qualified easements (Reg. Sec. 1.170A-14).
What a Conservation Easement Does
An easement agreement typically:
  • Restricts the uses of a property as necessary to protect its important natural, scenic and historic features;
  • Restricts the number, type and locations of dwellings and other buildings;
  • Prohibits quarrying and excavation of minerals;
  • Prohibits dumping of solid and liquid waste;
  • Limits the removal of trees without an approved woodlot management plan;and
  • Restricts or eliminates industrial and commercial activities, except for agriculture.

Top of page

What a Conservation Easement does not do
An easement agreement typically:
  • Does not permit public access to the protected areas, unless specifically desired by the landowner and the conservation organization; (In certain situations, public access to a portion of the property may be necessary to meet the IRS's public benefit right.)
  • Does not change the ownership of the land. Property owners continue to use and enjoy the land consistent with the terms of the easement; and
  • Does not prohibit all subdivision. The property can often be subdivided, subject to the terms of the easement agreement.
  • The purpose is to protect the natural, scenic or historic value of the property.

Top of page
Return to main Publications page

For more information send email to: emc@brandywine.org, call 610-388-2700, or write to Environmental Management Center, Brandywine Conservancy
P.O. Box 141, Chadds Ford, PA 19317

© 2003 Brandywine Conservancy