Protecting Your Land
People just like you have cared for the land for generations. Worked the soil so it would remain productive. Pruned the trees carefully to allow for future growth. Made sure the creek was allowed to run free.
When you protect your land with the Legacy Land Conservancy, you take the next step and preserve the land you love – forever. You enlist a willing partner to help watch over your land – even after you’re gone, no matter who owns it.
There are two basic ways to protect your land:
Conservation Agreements
If you want to continue to own your land, but want to ensure it is undeveloped permanently, you can enter into a conservation agreement with the Legacy Land Conservancy. A conservation agreement is a legal document which protects the conservation values of the land, and restricts future use of the land so that its unique characteristics are preserved.
When you enter into a conservation agreement with the Legacy Land Conservancy, you agree to give up the right you have to develop your land. In most instances, this right – known as the development right – is donated. In fewer instances, the development right is purchased (PDR – purchase of development rights).
Learn more about donated development rights and purchased development rights.
Land donation
If your land has unique natural features, you may consider donating the land itself to the Conservancy. The Conservancy then would use the land in a manner in keeping with our mission, which typically means opening the land to the public as a nature preserve. This type of donation of land outright is often referred to a fee simple donation.
What about deed restrictions?
Some landowners place a deed restriction on their property in an attempt to protect their land themselves. However, you may not have legal standing to enforce a deed restriction on future owners of the property. This means there is no inherent mechanism that would ensure that your plans for the property are followed in perpetuity. Working with a strong local conservancy is the most reliable way to ensure that forever really does mean forever.
Our Process
The process of protecting your land, at its core, is the negotiation of a legal agreement, but there’s much more involved. The protection process can take at least four to six months, but it usually takes longer than that. In the simplest terms, the process can be summarized this way:
- Stage 1: Starting Up: Walking the property, understanding your goals, initial committee approval
- Stage 2: Negotiation and Documentation: Negotiating the agreement, due diligence
- Stage 3: Review and Closing: Attorney review, Board approval, finalizing the agreement, closing
- Stage 4: Post-Closing: Publicity, annual visits, ongoing relationship
Read more about each of these stages in detail, including landowner responsibilities and costs.
To learn more, please contact (JavaScript must be enabled to view this email address) or call 734-302-5263.
