Landowners may donate a remainder interest in their property to a land trust or other charitable organization. Where the owner’s intent is for land to be preserved, the owner places a conservation easement on the property before donating it to the charity. Simply giving property to an organization and expressing the donor’s wishes does not create a legally binding obligation on the recipient to follow them. For example, your clients may wish to give their historic home to their alma mater. Without first placing an historic conservation easement on the property, there is no assurance that present or future directors will preserve the property.

Donors of remainder interests may be eligible for a charitable deduction for the present value of the future gift as well as a deduction for the value of the conservation easement.