How do I found out what I can build on this property?

March 30, 2017 7:13 AM

My wife and I are looking to buy a small farm in New Haven County, Connecticut. We've found a property we love, but there is a conservation easement which prohibits subdivision of the land, and per the realtor it limits the ability to build anything that could function as a residence (regardless of whether it can be subdivided). The realtor was very skimpy on what COULD be built on the property. How do we find out what what we can build?

Further complicating things is the fact that it is recognized as a "historic property" by the city. The realtor did mention that we would be able to build anything related to farming or agriculture such as a barn, but did not provide any further details on what would qualify or what the process would entail. Our ability to build another structure strongly influences the value of the property.

How do we find out what we could build on this property? Can it be done remotely or do we have to visit a municipal office in person? I've already read all about zoning, and feel like I understand the repercussions of the particular zoning laws, but could not find anything about specific conservation easements.

posted by ghostpony to Home & Garden (11 answers total)

Find out who holds the conservation easement (likely a local land trust or land conservancy) and they will provide you with the easement language that lays out all the details.
posted by Empidonax at 7:24 AM on March 30, 2017

Best answer: Getting a local real estate lawyer to look at the easement (likely held by a trust or similar), survey information, the 'historic property' regulations and any other pertinent information. They can tell you what you would be allowed to build, what you might be able to build with a fight, and what would be right out.

There's no way to figure out what an easement means without putting your eyes on the text of that particular easement.
posted by flibbertigibbet at 7:26 AM on March 30, 2017 [11 favorites]

You could try checking New Haven online records to see if the actual easement document is online.
posted by Lucinda at 7:26 AM on March 30, 2017 [1 favorite]

Maybe it's these folks: http://www.newhavenlandtrust.org
posted by Empidonax at 7:27 AM on March 30, 2017 [1 favorite]

Best answer: I would strongly recommend a real estate lawyer, but also a conversation with someone in the appropriate Planning and Zoning office, particularly with regard to the historic designation. It is an often misunderstood label (especially by real estate agents) and the restrictions and protections placed on the land could vary from literally nothing to quite restrictive, depending on local law and policy.
posted by Rock Steady at 7:42 AM on March 30, 2017 [5 favorites]

Response by poster: This is great! I've just looked into it and found out who holds the easement (it's actually two non-profits and the town itself) and spoke with someone in Planning and Zoning who said I need to actually come in and talk to the city clerk to get the deed which details all the restrictions on the property. And my step-father is putting me in touch with his real estate lawyer, so hopefully I should have a much clearer idea of what we can do soon.
posted by ghostpony at 8:06 AM on March 30, 2017 [4 favorites]

Depending on what happens next, you may need a land use lawyer rather than a real estate lawyer. Whereas the latter tend to deal with transactions, the former deal with development rights. Memail me if you want a referral to someone working in Connecticut.
posted by carmicha at 8:17 AM on March 30, 2017

Keep an eye on whether what you build has to be a barn, or whether it has to look like a barn. I've seen historic districts​ keep the outside of a warehouse or factory but turn the inside into lofts, for instance.
posted by BeeDo at 9:15 AM on March 30, 2017

These conservation easements are usually pretty ironclad and the organizations that hold them are not in the business of reversing any provisions. So unless it provides for the option to build a farm residence and not just a barn, you're probably out of luck. You could certainly farm it, though, if that's what you want to do, and live nearby, in hopes of buying an adjoining lot some day for a house.
posted by beagle at 9:29 AM on March 30, 2017

I recently purchased a home with a conservation easement and once I found who holds it (my county's storm water department) I was able to find the actual contract online by searching for my property's lot and parcel number. I'm next to a creek so I have to build anything a few feet in from my actual property line. The contract will have the exact stipulations so you may be able to find some info before your meeting. I also will have to plant specific native plants within the easement if I want to grow anything there, so you will need to see if there are any limitations to using the property for farming, gardens, etc.
posted by Katie8709 at 9:43 AM on March 30, 2017

IANYL. Most CT conservation easements are legally binding in-perpetuity. You could file to have it amended, but the town and both non-profits would have to agree to the new terms.

2nd that you probably need a land use/zoning attorney, not real estate.
posted by givennamesurname at 10:34 AM on March 30, 2017