Conservation easements are one of the most effective means of permanently protecting and preserving land in its natural state. These easements are deeds negotiated by a landowner and a land trust. They govern what uses can take place on a specified area of land. Like deeds, conservation easements are recorded and appear in the chain of title. Most conservation easements are in a form that specifies a list of activities and uses that can take place on the property and a list of prohibited activities and uses.

The most common use of a conservation easement is to prohibit residential or commercial development so that the land may remain in its natural state. In many, if not most instances, the conservation easement is drafted so that the landowner can continue to use the land as it has always been used, for example as an open space.

Even working lands, such as farms and ranches, can be put under a conservation easement so that the landowner and the landowner's descendants can continue their agricultural uses as they always have. Today, more than ever, farmers and ranchers are using conservation easements to preserve their traditional way of life.

Conservation easements can offer substantial financial and tax benefits to landowners. For example, land trusts often purchase conservation easements outright for market value. Under current tax laws, landowners can also donate conservation easements and receive a tax deduction on both their federal and state income taxes. (For example see IRS Code Section 170(h) and Treasury Regulation Section 1.170A-14.) Conservation easements can also be used for wealth preservation in estate planning. Because conservation easement negotiation and conservation easement drafting can both be quite complex, both the land trust and the landowner are typically represented by legal counsel. Spotswood Law is experienced in representing both land trusts and landowners in complex conservation easement transactions. Consequently, Spotswood Law can serve as either the land trust attorney or the landowner attorney in a given transaction.