Preservation Easements

What's a preservation easement?

A preservation easement is a legal agreement between a property owner and the Maryland Historical Trust (MHT) to protect a property’s historic character and ensure its long-term preservation. 

Through the easement, an owner agrees to preserve the property’s historic features and obtain MHT’s approval before making specific changes. 

Easements are tied to the property, not the property owner. If an owner sells a property, for example, the new property owner also must abide by the terms of the easement. Each easement is unique. Some are permanent, while others are for a set term, depending on how they are established. 

Benefits of easements 

Preservation easements help preserve Maryland’s architectural and cultural heritage for future generations. Key benefits include: 

• Long-term protection: easements may be permanent or for a fixed term, and they apply to all future owners during the duration.
• Tax advantages: donated easements may qualify for charitable contribution deductions.
• Better planning: easements provide a clear guide for future projects, helping owners make informed choices to protect the building’s historic value.

Restrictions & requirements 

Through the easement, an owner agrees:

• to limit some development rights
• maintain the property and protect its historic features
• provide limited public access  
• obtain prior approval before making changes or alterations 

Easement review & approval

Before beginning a project, request an easement review. 

In most cases, any change to an easement property requires MHT approval. For example, before: 

• All construction, including reconstruction, improvement, enlargement, alteration, demolition, maintenance or repair of any building or structure
• Painting and/or changing material finishes
• Grading or other ground disturbance
• Making landscape or site changes

Inspections & monitoring 

MHT regularly inspects easement properties to confirm they are maintained according to the easement terms. 

Inspections 

• Occur every few years
• Are scheduled in advance with the owner, if necessary
• Conclude with a written report summarizing findings and recommendations 

Support & guidance

MHT staff are available to provide guidance and answer questions about appropriate repairs, maintenance, and rehabilitation methods as well as assist with project planning. 

Easement conveyance

Property owners may donate or convey an easement to MHT voluntarily, or an easement may be required as a condition of certain MHT grants or loans. 

To learn more about eligibility, documentation and how to begin the process, visit the Donate or convey an easement page.  

Easement records

MHT currently holds hundreds of easements protecting a variety of cultural resources, such as historic buildings and structures, archaeological sites, maritime resources, and landscapes across Maryland. 

Identify existing easements by searching the Medusa database. 

Easement deeds are public records available through MHT’s Easement Program staff.