Conservation easements offer many benefits, and are a good fit for most landowners. Even so, since conservation easements “run with the land” for many years, the cost of making a mistake in negotiating your contract, or in selecting a land trust, can be considerable. 

Landowners need to be aware that conservation easements are complicated legal instruments that require a great deal of thought before entering into. A conservation easement is a conveyance of real property, and verbal commitments are not considered binding in the transfer of real property. Neither a landowner nor a land trust should rely on verbal commitments when dealing with a real property conveyance.

Being informed as to the risks and pitfalls associated with conservation easements will help landowners avoid making mistakes that could cause problems in the future. Some of the risks inherent with conservation easements are:

1. Overstating Value and Financial Consequences
2. Little Public or Conservation Benefit
3. Wrong Land Trust
4. “If I’d Only Known Then What I Know Now”
5. Limited Pool of Potential Buyers
6. Lender Problems