Easements may be donated on properties that are listed on the Virginia Landmarks Register and the National Register of Historic Places, either individually or as contributing properties in historic districts. A property must be officially registered as a historic landmark, or included in a registered historic district before the easement donation can be accepted.
When you are ready to discuss donation of an easement, a Department of Historic Resources staff member will visit your property to further explain the program and the details of an easement and walk through the property with you to assess its features and current condition. The terms of the easement can be discussed or negotiated at this time.
Later, after you have had a chance to consider the matter further, the staff will present the easement offer to the Virginia Board of Historic Resources, and the board will vote on whether to accept the easement offer. Potential donors are always advised to consult their attorneys before proceeding with an easement donation.
Upon approval by the board, the terms of the easement will be put in final form. The staff will document the property photographically, and the easement will be signed by you and the department director. The signed easement is then recorded in the local court records. The original document is returned to the department for deposit in the State Archives at the Library of Virginia.
The department's staff is pleased to discuss the Commonwealth’s easement program with individuals and groups. For more information, contact either--
(The Board of Historic Resources is authorized to hold historic preservation easements under Chapters 22 and 17 of Title 10.1 of the Code of Virginia of 1950, as amended.)