Ways to Protect Your Land

Gifts can be made of part or all of a piece of land, and may involve some or all of the many rights included in property ownership:

• the right to sell, subdivide or develop the right to farm, hunt or harvest timber
• the right to remain for life

These gifts can take many forms:

Fee Interest

A gift of land “in fee” is an outright gift of all the property rights with no restrictions.

Easement

An easement is a permanent transfer of specific rights in a piece of land from the owner to some other entity.

A “conservation easement” can also restrict certain land uses: a landowner could grant an easement preventing future development or other activities that would change the character of the land. The grantor of a such a conservation easement may also specifically reserve certain rights over the land, such as: access, right to hunt, farm, graze or log. And, as the owner retains title to the property, he/she can continue to live on it, sell it, or leave it to heirs, subject to the permanent protection ensured by the easement.

For details, see “What is an Easement?” on this web site.

Testamentary Gift

Gifts of land or the gift of an easement can also be made by will, with the owner retaining full control of the land until death.

Reserved Life Estate

Landowners may give land, yet retain the use of all or part of it during their lifetimes and/or the lifetimes of other named persons.

This list is not inclusive. Consulting with your attorney and tax advisor will help you choose what will work best for you.