Conservation easement question (for sale, to rent, broker)

[Gully Foyle]

As We are house hunting in NH, I stumbled across a home with a Conservation Easement. Property lists 168 acres with 158 in Conservation Easement.
That strikes me as have a lot of land not under your control. I have no problem with keeping it wild, I just wonder how it would impact ownership.
For example could I have someone clear the dead and dying wood for my own personal firewood? Not interested in logging, just personal use.
Also how would in affect say remodeling or building additions? What about well and septic? Say I wanted to add an inground pool, any issues?
I know that some states have big problems with home owners and wetlands. That undue limitations are placed on land owners due to possible encroachment on environmentally protected areas.
As I said I have no problem with keeping it woody and wild, ten acres is fairly decent size for living, but I fear future government restrictions.

[waterboy7375]

No problem as 10 acres isnt in easment. One would assume ( going with probability here, there always is a possiblility Im wrong) that the 10 acres surrounds the house. You should probably even be able to log it if its select cut and not clear cut.

[Gully Foyle]

From the pics and sat view it looks as if more than ten acres is open land. The majority of wooded area seems to be in easement.
As I said I'm not interested in logging just personal firewood use.
That and what future rights or impingement the state may claim.
I don't really like the idea that I'm sold 168 acres to be taxed but have only control over 10. Why not just sell the 10 and donate the rest to the state.
Plus I'm not fond of negotiations made well prior to my purchase. If I'm the owner all negotiations should be with me, not some guy who owned it thirty years ago.

[chris410]

Are you sure the land is not in current use? (the 158 acre part?) if not, you could probably put it INTO current use and get a huge tax discount on that portion of the land. as far as i know, if the land is in CURRENT use. you can cut down trees and clear land to make fields if you want. you just cannot change the topography or build structures.

I believe each conservation easement is different, you would have to look up the specific rules of it. I know the guy the lives behind me has 150 acres of land in conservation easement and he still maintains a trail around the woods and cuts down trees when he wants.

Originally Posted by Gully Foyle

From the pics and sat view it looks as if more than ten acres is open land. The majority of wooded area seems to be in easement.
As I said I'm not interested in logging just personal firewood use.
That and what future rights or impingement the state may claim.
I don't really like the idea that I'm sold 168 acres to be taxed but have only control over 10. Why not just sell the 10 and donate the rest to the state.
Plus I'm not fond of negotiations made well prior to my purchase. If I'm the owner all negotiations should be with me, not some guy who owned it thirty years ago.

[waterboy7375]

Originally Posted by Gully Foyle

From the pics and sat view it looks as if more than ten acres is open land. The majority of wooded area seems to be in easement.
As I said I'm not interested in logging just personal firewood use.
That and what future rights or impingement the state may claim.
I don't really like the idea that I'm sold 168 acres to be taxed but have only control over 10. Why not just sell the 10 and donate the rest to the state.
Plus I'm not fond of negotiations made well prior to my purchase. If I'm the owner all negotiations should be with me, not some guy who owned it thirty years ago.

Your prop taxes on that easemant land is prolly only around $17 an acre. I highly doubt its taxed at retail value.

[GraniteStater]

Agree with the others. Look into the current use issue and ask how many of those conservation easement acres are included with the sum total. That is definitely a large acerage property. Likely in central or northern NH?

[Gully Foyle]

Originally Posted by GraniteStater

Agree with the others. Look into the current use issue and ask how many of those conservation easement acres are included with the sum total. That is definitely a large acerage property. Likely in central or northern NH?

This one is New Ipswitch.
Quite a few large acreage properties with varying range of price and upkeep.
Anything above 20 acres works for us. We consider large acreage with the possibility of renting out pasturage for farmers.
I've seen a number of nice Horse properties for sale, but know nothing about renting out stalls and what not to Horse people.
I would like a nice mix or open field and forest, obviously trees for firewood and field to rent.
In the end We are happy to walk the dogs without being bothered by neighbors.

[unit731]

Why not obtain a copy of the easement and read it?

[Gully Foyle]

Right now we are scouting houses for a hunt later this year. No need to check out the easement until we decide if that is an area we want to live.
If that is one of the properties we narrow down to then yes we will be checking the easement and run it past an attorney.

[jackmichigan]

I'd still advise you to read the conservation easement. You might learn something. I would LOVE to buy land with a conservation easement. I've dealt with a lot of them and they have many advantages, primarily dealing with the amount of property taxes you'll have to pay. Conservation easements nearly always reduce the amount of taxes you will pay. Since the development of the land is restricted, you can afford to buy a LOT more acreage if it's already restricted with a conservation easement.

Sure, a conservation easement may prohibit you from clear-cutting a forest...but if you're not going to do that anyway, what's the big deal? Most conservation easements are NOT government restrictions, but are restrictions which are monitored and enforced by nonprofit, charitable land conservancies, also known as land trusts. Terms of easements are flexible, meaning that they can vary quite a bit to suit the particulars of the land. They are only meant to protect the important conservation features of the property--not intrude on your ownership. Typically, a land trust may only inspect the property once a year to make sure that the conservation values of the property remain intact.

If the listing is correct, and 10 acres (presumably the homesite) is not covered by the conservation easement, then you can do anything on that 10 acres which is allowed by local zoning. That's more than enough room to build an addition, or a house, put in a pool, put up a barn, outbuildings, whatever.

If you still don't want to read the easement, just ask the listing broker for the primary purposes of the easement, and who holds the easement. Don't be afraid that it's an easement which gives another party some rights and responsibilities--nearly all properties have some type of easement attached to them, usually utility easements. But we're just more used to those and realise that they don't interfere much with our ownership. Neither should a conservation easement--provided you really don't want to make the property into a Walmart!

Good luck in your search!