What is a Land Trust?

A non-profit corporation directly involved in protecting
natural, scenic, recreational, agricultural, historic or cultural property.

What are the benefits of donating to a land trust?

Gifts of land or an easement may result in:
1. Income Tax deductions,
2. Reduced estate taxes,
3. Lowered real estate taxes.

Whose Land can a Land Trust Protect?

A land trust can protect land of any person, corporation, trust, partnership or governmental entity desiring to protect land that could be donated or upon which an easement could be placed.

What types of gifts can be given to a Land Trust?

Fee Interest:
Land ownership is a bundle of many rights. Among these are the right to sell the land, to subdivide, to hunt, to farm, etc. The legal term for the entire package is the fee interest. A gift of land in fee is an outright gift of land 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. An easement can also involve a grant of restrictive power over certain land uses. Hence, a landowner can grant an easement preventing future development, mining or other activities that would change the character of the land. This type of easement is typically called a "conservation easement." The granting owner may specifically reserve certain rights to the land such as access, right to hunt, etc.
Testamentary Gifts:
Gifts of land in fee or a gift of an easement can also be made by will. The advantage of a gift by will is that the landowner retains full use and control of the land until his or her death.
Reserved Life Estate:
Landowners may donate land yet retain the use of all or part of the donated land during their lifetimes and/or the lifetimes of other named persons.

Additional information on Land Trusts

If you are interested in finding out more information on SWOAM's Land Trust and other ways you can plan for your private lands, please contact Mike Dann at the SWOAM office at 207-626-0005 or mike@swoam.org.

If you are looking for general information on Land Trusts visit www.lta.org/faq/#lt. This Land Trust Alliance web site contains a vast amount of information. It provides you with information on estate planning, finding land trusts in your area, tax issues as well as tools that you can use from their site.

This list is not inclusive. Consult with your attorney and tax advisor for choosing what will work best for you.