Preservation Easements

Easement Application Packet

Property owners interested in donating preservation easements may request easement application packets from the California Preservation Foundation (CPF).  CPF is currently in the process of revising the Preservation Easement Program, including the application packet. Pending completion of these revisions, CPF is keeping a list of property owners interested in receiving an application packet. Please send inquiries to the CPF office.

Download the Guide for Potential Easement Donors

Evaluation by the Easement Committee
    and Board of Trustees

The Easement Committee evaluates the easement application and the merits of the potential donation.  If the historic property satisfies CPF’s easement criteria, the Board may authorize the Easement Committee to inspect the property, create a “baseline documentation” of elements to be protected by the easement, and discuss the property owner’s contribution to the Easement Stewardship and Enforcement Fund.

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Baseline Documentation

The purpose of the baseline documentation is to inventory and assess the current condition of the historic property and every element to be protected by the easement (e.g., the façades, historic landscaping, and any protected interiors).  Documentation may consist of photographs, written descriptions, architectural plans and drawings, the nomination form for the National Register of Historic Places, and other information.  The baseline documentation enables the Board to evaluate the public benefit of acquiring an easement on the property, to identify and document the property’s significant historic character-defining features to be protected by the easement, and to assess the property’s future needs (e.g., restoration, rehabilitation, maintenance). 

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Contributions to Easement Stewardship
    and Enforcement Fund

Donating an easement represents a major commitment for any property owner.  Although the tax benefits may be a strong incentive for such a gift, most donors give an easement with the desire to protect their historic property forever.  By accepting an easement, CPF assumes the legal obligation to uphold the terms of the easement in perpetuity.  While the donor has made a gift of great significance, CPF has, in a sense, assumed a liability forever.  For CPF to fulfill its present and future responsibilities, tax-deductible contributions must be raised with each easement gift.

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Draft Easement

CPF and the potential easement donor collaboratively develop the Draft Easement, based on CPF’s model easement.  The document will reflect the donor’s specific needs, the property’s historic character-defining features, aspects and features of the property to be protected, and descriptions of monitoring and enforcement procedures.  The easement must comply with Internal Revenue Service requirements.

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Appraisal

All donors must obtain a competent appraisal of the easement by a qualified appraiser experienced with historic properties and must comply with all Internal Revenue Service laws and regulations.  The IRS has enacted regulations which penalize donors and appraisers for the over-valuation of gifts.  The donor must attach a copy of the “appraisal summary” (signed and dated by a qualified appraiser and CPF) to the donor’s tax return.

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Final Easement

The Board must approve the final easement before it is signed.  Once the easement is signed by the donor and an appropriate CPF representative, the California Preservation Foundation will have assumed the legal obligation to insure that the terms of the easement are maintained in perpetuity.

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Ongoing Monitoring Activities

Property protected by a preservation easement will be monitored on a regular basis.  Each monitoring visit will include a property inspection and a meeting with the property owner or authorized representative.

For further information, please contact the California Preservation Foundation office.

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