What: A Historic Preservation Easement is a legal agreement that allows the easement donor to own and use a historic landmark, while giving someone else the authority to protect its historic, architectural, and archaeological features. These easements contain language that obligates future owners to refrain from actions incompatible with the preservation of the landmark, such as development or inappropriate construction. Easements are monitored by the Virginia Department of Historic Resources.
Why: For most owners, the primary reason for easement donation is because they want to see the property protected. A Historic Preservation Easement binds any future owners’ development and changes in the architecture. This helps to protect the historic aspects of the buildings and retains the properties value to the citizens of the Commonwealth forever.
How: Historic easements may be donated on properties that are listed on the Virginia Landmarks Register and the National Register of Historic Places, either individually or as a portion of an historic district. These listings must be in place before an easement can be placed. The property owner and a representative from the Department of Historic Resources (DHR) must jointly prepare and sign the easement document.
Regulations: In granting an easement, the property holder retains the land, allowing it to be sold or given away subject only to the limitations of the easement. Characteristics making the property a historic landmark will be described in the deed of easement and will be documented with photographs. The easement will clearly define which features are protected, and generally will encompass all structures, archeological sites, historic landscape features, and adjacent open space. Incompatible uses such as subdivision or commercial development are usually limited or prohibited. The easement will accommodate certain changes to a structure, such as kitchen and bathroom remodeling, but if it does not compromise the historic nature of the property. Any changes made to structures require prior approval from DHR, and DHR will work with property owners to ensure any changes will be appropriate to the site.
Terms: Every Historic Preservation Easement is different, and staff from DHR will work with the property owner to identify specific historic elements of the property as well as the goals, plans and needs of the property owner. Provisions typically include, but are not limited to, architectural protections of the interior and exterior; landscape and acreage to preserve the historic setting and context of the landmark; archaeological limitations of soil disturbance; and public access allowances.
Cobble Hill farm in Staunton is a 196 acre property featuring a home designed by noted architect, T.J. Collins.
Benefits: Many benefits exist for protection of historic landmarks. Financially, the value of the easement, once appraised, can be claimed as a charitable donation on your federal income tax. Any unused portions of the deduction may be carried forward for up to five (5) years. Donation of an easement can also lower estate taxes, thus encouraging heirs to keep the landmark instead of selling it to pay estate taxes. Any surrounding land donated in a conservation easement can also be considered a “charitable” contribution on state and federal income taxes and unused credit can be carried forward for up to five (5) years. The greater community benefits by retaining the value of historic structures – the value of visualizing the past is immeasurable. Individual benefits ensure the protection of property forever, allowing property owners peace of mind that their beloved property will never be destroyed or tampered with in any way uncharacteristic of the property’s original intent.
More Information: Contact the Valley Conservation Council or contact the Department of Historic Resources 2801 Kensington Ave., Richmond, Virginia 23221, or www.dhr.state.va.us, or by phone at 804.367.2323.
