Maine has many historic properties that reflect the history and character of our amazing state. The variety of buildings of historic and architectural importance, as well as stone walls, bridges, open fields, and garden landscapes, distinguish Maine from other places and remind us of our past. Preserving these features ensures that community character is protected and that our heritage is preserved for us and future generations.

Do you own one of these special properties? What will happen when your property changes ownership? Will it be developed? Respected? Preserved? Demolished? A preservation easement is a tool you might consider to protect your special property.

WHAT IS A PRESERVATION EASEMENT?

A preservation easement is a voluntary, non-governmental, legal agreement entered into by a property owner to ensure that the historic architectural and landscape qualities of a property will not be destroyed. The easement is filed with the deed of the property, protecting it forever.

Preservation easements protect historic properties similarly to how conservation easements protect land and natural resources. Conservation and historic preservation easements can be combined to ensure the protection of all historic and natural features of your property.

What properties are eligible for a preservation easement?

Properties eligible for easement donation include residential, agricultural, industrial, or commercial structures that meet one of the following criteria:

• Listed or deemed eligible for inclusion in the National Register of Historic Places

• Identified as a contributing property to a National Register Historic District

WHAT DOES THE PRESERVATION EASEMENT PROTECT?

The goal of a preservation easement is to preserve important existing features of the historic building while permitting updating and modernization of other elements to meet the owner’s current lifestyle. Every preservation easement is tailored specifically for the individual property to preserve historic features the donor or owner wishes to protect. Easements can allow for continued and new uses of a building, prohibit development, allow for additions, and apply to all or a portion of the property. An ongoing goal is to have protected buildings in active use. We want the property to be a functional, habitable space, so changes are allowed as long as essential historic features are not eliminated. For example, a preservation easement won’t restrict the owner's ability to update the building with modern kitchens, baths, and electric, plumbing and heating systems.

HOW DOES THE PRESERVATION EASEMENT WORK?

After customizing the protections in your easement, you donate the easement to Maine Preservation. Easements are legally enforceable documents. You have given Maine Preservation the ability to protect your property, which we will do by enforcing the terms of the agreement. The easement is filed with the deed of the property. It stays with the property in perpetuity, ensuring that Maine Preservation can protect the historic integrity of your building forever.

What are the Property Owner’s Responsibilities?

Owners of properties subject to a preservation easement agree to:

• Follow the terms of the easement

• Maintain the property according to easement guidelines

• Plan for annual visits with Maine Preservation

• Consult with or acquire approval from Maine Preservation for proposed changes to features covered by the easement

WHAT ARE THE EFFECTS OF A PRESERVATION EASEMENT?

The preservation easement prevents demolition and protects significant features of historic buildings by requiring Maine Preservation’s review and approval on changes to any protected features. After execution of the easement, or in some instances after completion of an agreed upon rehabilitation campaign, Maine Preservation staff and volunteers conduct annual site visits to check in on the property's condition and update photo documentation. Our staff then prepares a status report which is kept on record at Maine Preservation.

Our experiences show that unlike most conservation easements, preservation easements do not reduce the value of the property. Instead, the easement focuses the market on buyers who wish to acquire the property to preserve it and steward it for the next generation. Although preservation easements have been widely used for decades for historic properties across the country, we have found that some real estate experts in Maine are not well versed in the workings of easements. We work with realtors to bring them up to date on this critical preservation tool.

What is the cost of a Preservation easement?

Preservation Easements are supported by charitable easement stewardship contributions. The easement stewardship contribution covers perpetual annual easement monitoring, rehabilitation oversight, and a legal defense fund in the event Maine Preservation must defend the easement in court. The amount of the stewardship contribution begins at $25,000, and increases depending on a number of factors including the size and complexity of the property. There is also an initial application fee, deducted from the stewardship contribution if an easement is pursued, and fees associated with the development and recording of the easement agreement, and documentation of the property.

Ready to get started?

Contact us for an application, brad@mainepreservation.org or 207.847.3577.