Terms for the Easement
The foundation employs a uniform set of standards for its easements and the guidelines to administer them. These are designed to be consistent with federal, state and local preservation guidelines. However, specific arrangements for each easement are developed to respond to the circumstances of individual properties and their owners. The Foundation works with potential donors to establish a description of the portion of the property to be conveyed and defines the standards by which preservation will be assured.
Preservation and conservation easements are accepted for buildings, structures and sites having historic and scenic value. Easements are donated in perpetuity.
At the time of conveying the easement, the foundation also receives a cash contribution, which assists in covering costs to monitor the gift.
Some basic terms of a typical easement:
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The easement is in perpetuity.
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Reasonable public access must be provided.
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Affirmative maintenance is required.
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Any alterations, repairs or improvements must be approved by AEF prior to initiating work. The Secretary of the Interior's Standards for Rehabilitation are used.
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Demolition of the property is prohibited.
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All features in the easement will be available to AEF representatives for an annual inspection.
Note that these terms serve as a starting point, and that specific conditions will be tailored to each property. These typically exceed those set forth in local historic preservation ordinances.
Procedures
Baseline Documentation
Prior to conveying an easement, the donor provides the AEF a baseline of information that documents the condition at the time of transfer of title. Historical surveys and nominations, as-built drawing and photographs are included in this database. This provides both parties an objective starting point for documenting the historic significance of the property, for defining those features that are to be included in the easement and for monitoring its condition. In some cases, the AEF can assist the donor in assembling this information.
Provided is a link to a checklist which identifies a range of documents that may be included in the baseline documentation:
At the outset of receiving an easement, the Foundation establishes a baseline description of the condition of the property and a summary of its key features that are to be protected.
Annual Monitoring
Each year, the Foundation monitors the condition of the properties for which it holds easements. This includes an on-site inspection and a report of findings.
Monitoring Reporting
After the annual inspection, donors receive a report on the status of the easement, along with incidental recommendations for maintenance, if appropriate.
Design Review
When property owners plan improvements the Foundation works with them to establish an approach that will meet programmatic needs while also preserving the integrity and significance of the property. When a formal strategy is developed, the Foundation evaluates the appropriateness of the proposed work using its standards and guidelines. The completed work is then documented in the subsequent annual monitoring.
Technical Assistance
The Foundation also provides information related to preservation. This may include referrals to publications addressing technical preservation procedures and identification of professionals in design, planning and land use law who may assist property owners in maintaining the resources