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Under the HSFF's easement program, the owner of an
historic property and HSFF have a legally enforceable, voluntary
agreement under which the owner retains possession of the property and
HSFF assumes responsibility for its preservation. Historic preservation
easements are an effective and widely used mechanism for permanently
protecting historic buildings and archaeological sites.
What is An Historic Preservation Easement?
An historic preservation easement is a legally enforceable, voluntary
agreement between the owner of an historic property and the Historic
Santa Fe Foundation (HSFF) under which the owner retains possession of
the property while the HSFF assumes responsibility for its preservation.
Historic preservation easements are an effective and widely used
mechanism for securing the permanent protection of historic buildings
and archaeological sites. They are flexible and can be tailored to meet
the financial and management needs of the property owner and his family
as well as the preservation goals of the HSFF.
How Does a Preservation Easement Work?
A preservation easement usually specifies that no actions will be taken
by current or future owners of an historic property that will harm or
destroy that property’s significant historic, architectural or open
space features. The terms of the easement are mutually agreed upon by
the property owner (the easement “donor”) and the HSFF (the “donee”, or
easement “holder”).
An historic preservation easement takes the form of a legal agreement
that describes the preservation objectives of the easement, the rights
and responsibilities of the property owner, the restrictions placed on
the owner with regard to such things as alterations and demolition of
the property, and the responsibilities of the HSFF for protecting the
property and enforcing the easement. Once the agreement on terms is
reached, they are included in an easement deed, which is recorded so
that the terms of the easement are legally binding upon all future
owners of the property.
While the property owner may give up certain development rights under
the terms of the easement (the right to demolish the property or to
subdivide it, for instance), he retains ownership and possession of the
property and can sell it or devise it by will to his or her heirs. The
HSFF, in turn, assumes responsibility for monitoring the easement and
enforcing it, in perpetuity.
What Are the Advantages Of A Historic Preservation Easement?
• It allows the property to remain in the
ownership of the easement donor, who can live in it, sell it, or pass it
on this his or her heirs
• Under certain conditions, it provides
income and estate tax benefits and helps ensure that the property will
not have to be sold to pay estate taxes
• It is a flexible preservation tool that
can be written to meet the financial and personal needs of the property
owner and his or her family while providing long-term protection for the
property’s historic and architectural features
• It is a permanent, remaining force even
if the property changes hands
• Enforcement and monitoring of the
easement become the responsibility of the HSFF
• An easement can be donated by means of a
will, with the potential for reduced estate taxes, and the terms of the
will can be amended in response to the owner’s changing financial or
personal needs
What Is the Role of the Historic Santa Fe Foundation As The Easement
Holder?
Under New Mexico law, preservation easements can be donated to
nonprofit, tax-exempt organizations such as the Historic Santa Fe
Foundation; the HSFF has established a program for accepting easements.
As the easement recipient, the HSFF is responsible for developing (in
cooperation with the property owner) the terms of the easement, for
monitoring easement compliance through annual inspections of the
property, and for enforcing the easement through legal action if
necessary. The HSFF, in effect, takes on the property “stewardship”
role, while the ownership of the property remains in private hands.
The HSFF has established an “Easement Stewardship Fund” to cover the
expenses of monitoring and enforcing easement. In general, a
contribution to the Stewardship Fund is requested of all easement
donors.
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Properties under Historic Santa Fe Foundation Preservation Easement
The Original Trading Post
201 West San Francisco
The Irene von Horvath House 728 Canyon Road
The Sara Melton House
601½ Paseo de Peralta
The Shuster Mian House
580 Camino del Monte Sol
The Juan Jose Prada House
519 Canyon Road
The William Penhallow Henderson House
555 Camino del Monte Sol
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