How to Go About Making an Easement Donation

An easement is a right-of-way on someone else's property, or a right to use someone's property without asking permission before every use. The easement holder is the one who holds the right to use the property but does not own the entire parcel of property. If you own property, you can donate an easement. That is, you give away for no monetary compensation the right to use your property to someone else, whether it is to a group or an individual. Many times the easement is donated by the property owner to a group for conservation purposes. If a property owner donates the easement to a charity, sometimes there can be tax benefits. The easement binds the property owner who donated it as well as a subsequent owner of that same land. That is why it is important to be exceptionally careful when dealing with and preparing to donate an easement.

Instructions

1. Look at your parcel of land on a map and locate exactly what other parts of the land you want to donate for the easement. Make a copy of the map and draw with a ruler the easement you want to donate.

2. Decide exactly what purpose the easement will serve. Ask yourself, will it be for someone to walk across, drive across or will it be for conservation of the environment and local habitat? Do you have any specific rules about how the easement is to be used? For example, do you want no cars or other vehicles to drive on the easement, do you not want more than 10 people walking across the easement at a certain time, can the easement holder erect a building or a shed on the land? Do you want only family to be able to use the easement or can it be only members of a certain charitable organization? If you do not want certain things to place be sure to write them down and include in the donation of the easement.

3. Determine who the easement holder will be. Will it be an individual or a charitable organization? Make sure to research and know everything you can about the future easement holder so that you can be sure the goal of your easement donation will be carried out.

4. Contact a real estate or property attorney. You should be represented by counsel in most, if not all, transfers of land and an easement donation is a transfer of land. Be sure to bring your map with the easement drawn out, your list of specific rules for using the easement, and any research you have gathered on the future easement holder to the meeting with the attorney. You might want to consider consulting an accountant as well to help structure the legal and tax aspects of the donation. Now contact the charitable organization or individual who will be your future easement holder to inform them of your donation.

5. Consult with a land appraiser to come survey the easement and determine how much it is worth. Your attorney, accountant and land appraiser will all help with drawing up the necessary documents to donate the easement to the charitable organization of your choice. Once the deal is done, you will need to record the donation with the local land office so that all future owners of your property are on notice of the easement.