Conservation Easements

Texans are passionate about land – wide open, big land. It’s not surprising; Texas land is our abundant natural and historical heritage. But, urban sprawl and federal estate taxes are leading to an increasingly fragmented Texas. In years past there was no alternative for landowners who wanted to ensure that taxes and development didn’t fragment their legacy. Now Congress and the legislature have created a voluntary agreement known as a conservation easement. Owners of rural land have the ability to protect their land, and our state’s heritage, forever while enjoying major tax benefits and even income. As leaders in this highly specialized area of law, Braun & Gresham attorneys know how to create conservation easements to meet current needs, protect land for the future, and act as a powerful estate planning tool to reduce taxes or provide income.

About Conservation Easements

A conservation easement is a contract between a property owner and a conservation organization, like a land trust or government agency, to limit development on the property. All owners must agree to it if multiple people own the property. Each easement is tailored to the property and owner’s interests, allowing protection of wildlife habitat and other conservation values while maintaining property rights. The easement typically restricts subdivision or commercial/residential development, enforceable by the conservation organization even if the property is sold or mortgaged.

A conservation easement can be an important tool to:

  • retain private ownership of land
  • conserve wildlife habitat, open space and other conservation values
  • protect productive agricultural land
  • preserve valuable family land as a legacy for future generations
  • maintain the scenic areas and the rural character of land in the path of development
  • preserve land which is historically important
  • reduce property taxes
  • reduce federal estate taxes
  • reduce income taxes
  • reduce capital gain taxes
  • shift greater financial value to future generations

The Braun & Gresham Difference

At Braun & Gresham, PLLC, we use a wide variety of tools to accomplish your estate planning goals, such as wills, living trusts, medical and financial powers of attorney and other disability- planning documents, limited liability companies, family limited partnerships, buy-sell agreements, charitable trusts, donor advised funds, conservation easements and many other strategies. We’ll help educate you about these various strategies, and together, identify which fit your circumstances best. Using the innovative and versatile estate planning solutions that Braun & Gresham is known for, we’ll create the most practical solutions and apply them in a comprehensive plan to achieve your vision for your family and assets.

We are advocates for you and your land.