Who owns land that is under an easement? Can it be sold?
The landowner who donated the easement remains the owner of the land. The land can be bought and sold. However, the easement “runs with the land” and applies to all future landowners. • Can property owners still live on and use the land if they donate an easement? Yes. Easements typically allow for changes and additions to houses, construction of farm buildings, and other normal agricultural practices. Easements may be drafted in various ways. For example, some landowners decide that, for the protection of the land, all development rights should be excluded, so that the land will always look substantially as it does now. Another might wish to allow the option of adding a limited number of future dwellings. • How much is the gift of an easement worth? The value of an easement gift varies with each easement. Generally, the more the easement restricts the uses of the property, the higher the value of the gift, and hence the higher the tax deduction. To determine the easement value, the la
