Easement Requirements

A valid and enforceable Conservation Easement -- one that meets the requirements for a property owner to obtain an income tax deduction -- must meet all the following:

(1) the requirements of the Internal Revenue Service, which are detailed and specific, and include the requirement that a mortgage or deed of trust holder agrees to subordinate its rights to those of the Foundation to enforce the restrictions of the donated Conservation Easement. In addition, the Internal Revenue Service requirements obligate a donor to obtain a “qualified appraisal” on the Conservation Easement property;

(2) the standards of the Department of Interior-National Park Service and the National Trust for Historic Preservation. This includes first obtaining a certificate by the National Park Service that the structure "contributes to the significance" of the Georgetown Historic District;

(3) the statutory requirements of the District of Columbia for creating valid and perpetual conservation easements as set forth in § 42-201 of the DC Code.


Contact FPHG to discuss donating an easement on your historic property