Terms and Conditions

Every easement is negotiated on an individual basis with the property owner. The Department of Historic Resources (DHR) staff will help identify and discuss with you the historic elements of your property, as well as your goals, plans, and needs. The staff will also provide a list of resources, such as the names of real estate appraisers, to assist in your decision-making process.

Most easements held by the Virginia Board of Historic Resources include provisions similar to the following:

Architectural protections: If the easement protects an historic building or structure, the board generally requires some control over the architectural elements of the interior, as well as the exterior. Usually, owners must secure written approval from the board before undertaking any alterations or additions. Policy #5: Requests for Approval.

Landscape and acreage: The board generally requires that the easement cover enough acreage to preserve the setting and historic context of the landmark. Restrictions on the land may prohibit or limit subdivision and require that the landscape character of the property be maintained.

Archaeology: When an easement involves an archaeological site, it normally stipulates that the owner notify the board before undertaking any new disturbance of the soil. In this way, staff archaeologists can help to prevent any damage to the site. Easements also frequently require an owner to protect the site from vandalism and erosion.

Public access: Most easements held by the board include some provision for opening the property to the public on a very limited basis. The Internal Revenue Service requires a "direct public benefit" in order to deduct the value of an easement. This requirement is met when an easement donor agrees to provide for public access at least one day a year upon request. Should the board request that your property be opened in a given year, it can take into account security, any limiting personal circumstances, and other relevant factors.

Easements on properties such as Berry Hill, in Halifax County, require enough acreage to preserve the setting and historic context of the landmark.

Easement Main Page

How Does an Easement Work & Why Give an Easement?

Financial Benefits

Terms & Conditions

Process for Donating on Easement