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Maryland Conservation Easements Law: Agent Duties & Seller Obligations

Learn about Maryland’s conservation easement laws effective since 2007, including obligations for agents and sellers. Find out about notice requirements, income tax deductions, and the significance of different trusts and foundations in the conservation process.

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Maryland Conservation Easements Law: Agent Duties & Seller Obligations

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  1. PRESENTATION BY: ROBERT M. BURKE Owner Licensed Title Agent & Attorney

  2. Conservation Easements New Law Requiring Notice and Copies: Real Estate Agent Duties

  3. Section 10-705, Real Property Article, Maryland Code • Effective October 1, 2007 • Conservation Easement • Purchaser Right to Rescind • Copy of All Conservation Easements • Notice in Contract • Purchaser Duty to Notify Environmental Agency

  4. Conservation Easement Owners • Maryland Environmental Trust • Maryland Historical Trust • Maryland Agricultural Land Preservation Foundation • Maryland Department of Natural Resources • A Land Trust (The Conservancy for Charles County)

  5. Maryland Environmental Trust • See Example • Purpose: to conserve open space and natural scenic qualities • Perpetual • Prohibits non-agricultural uses • Prohibits construction • Prohibits subdivision & development • Injunction, Require Restoration • Notice Requirement if Sell • Income Tax Deduction

  6. Maryland Historical Trust • See Example • Purpose: to preserve, protect and maintain historic, aesthetic & cultural character • Perpetual • Requires Consent for changes to improvements, new construction, grading • Injunction, Require Restoration • Notice Requirement if Sell

  7. Maryland Agricultural Land Preservation Foundation • See Example District Agreement & Easement • Purpose: protect and preserve agricultural and forestry values • 5 Year Pre-Approval, then Perpetual • Prohibits Uses other then Agricultural • Prohibits new construction, subdivision • Injunction, Require Restoration • Notice Requirement if Sell • Sell Easement to Foundation for $ • 30,000 acres under Agreement in Charles Cnty

  8. Maryland Dept Natural Resources • No Example • Purpose: usually preserves forestry • Few – Gladfelter in Nanjemoy

  9. Land Trust • Qualified under IRS 170 (h)(3) • Cooperative Agreement with MD Environmental Trust • The Conservancy for Charles County • Very similar to MD Environmental Trust Easements, just locally administered

  10. County Gov’t Owned Easements • Rural Legacy Program • Forest Conservation Easements • Transferable Development Rights (TDRs) • Are they Included in Statute?

  11. Determining Existence • Title Abstract • Call your friendly title company: SOUTHERN MARYLAND TITLE • Not all title companies are as knowledgeable • Not all title companies will do it for FREE • Save your Seller $120.00 to $200.00 • Must give copies of Conservation Easements to Buyer

  12. Buyer Right to Rescind • If Seller fails to give Buyer copies within 20 days after contract ratification • If Seller fails to put the Notice in the Contract • Seller knowledge is irrelevant • Only actual existence of Easement matters – recorded in Land Records

  13. Real Estate Agent Liability • Duty to protect and advise Seller • CYA Notice for Seller to Sign (prepared by Al Monshower) • Liability if sale is rescinded – loss of profit • Be knowledgeable • Shift liability to Southern Maryland Title

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