Myth vs. Fact

Frequently, we come across landowners who object to the idea of conservation agreements based on misconceptions. Below is a compilation of some of the more common myths we have run across regarding conservation agreements:

Myth:
“I don’t want the government telling me what to do with my land.”

Fact:
Land Trusts, like Upstate Forever, are non-governmental, non-profit organizations supported by membership fees, grants, and donations. A conservation agreement is completely voluntary and a land trust cannot protect your land without your willingness to participate.

Myth:
“A conservation agreement will allow public access on my land.”

Fact:
Unless it is the express desire of the landowner, a conservation agreement does not allow public access. A few of the conservation agreements that Upstate Forever holds are on public parks, like Lake Conestee Nature Park in Greenville County and Stumphouse Mountain in Oconee County, but the vast majority of the properties protected by Upstate Forever are in private ownership and do not allow public access under any circumstance.

Myth:
“Conservation agreements are only for rich people.”

Fact:
It’s true that the upfront costs of a conservation agreement – such as an appraisal and consulting with legal and financial advisors – can be expensive, but often these costs are less than the potential state tax credits. In addition, there are some limited sources of funding to help landowners of modest means offset the cost of protecting their property. However, it is important to note that these are often highly-competitive and highly-leveraged sources of funding, and some, like the SC Conservation Bank, are subject to the whim of the state legislature.

Myth:
“When I die the conservation agreement will no longer exist.

Fact:
A conservation agreement exists in perpetuity or “runs with the land,” meaning owners may come and go, but the terms of the conservation agreement are permanently enforceable. Some people like to think of their conservation agreement as a way of protecting their land from the grave.

Myth:
“If I put my land in a conservation agreement I cannot sell it or will it away.”

Fact:
A conservation agreement does not impact your title to your land, nor does it impact your ability to sell it or leave it to heirs. However, all subsequent landowners must adhere to the terms of the agreement.

Myth:
“If I sign a conservation agreement, the land trust will own my property.”

Fact:
Upstate Forever does not own properties. Our role in your conservation agreement is to ensure that the terms of your agreement are upheld long after you’re gone.

Myth:
If I put a conservation agreement on my property, it will be “locked up”- I can’t do anything on it.

Fact:
Many uses are compatible with a conservation agreement