Definition
A façade easement is an arrangement in a historic preservation program whereby the property owner agrees to retain and preserve the original façade of a building, typically of historic or architectural significance, in exchange for the right to alter other exterior walls and the interior. These easements are often used as part of efforts to maintain the visual and cultural integrity of neighborhoods and historic districts, while allowing for modernization and use adaptation by the property owner.
Examples
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Bank Modernization in a Historic District:
- A bank purchases a certified historic structure within a historic district. The local historical commission grants permission for the bank to modernize the building’s interior and other exterior walls on the condition that the original façade remains unchanged. This creates a façade easement which preserves the historic character of the area.
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Residential Building Conversion:
- A developer intends to convert an old townhouse, recognized for its architectural significance, into modern apartments. They enter into a façade easement agreement, which allows them to modify the interior to add contemporary amenities while preserving the exterior façade reflecting the building’s historic past.
Frequently Asked Questions (FAQs)
What is the purpose of a façade easement?
A façade easement primarily aims to preserve the visual and historical integrity of building exteriors, especially those that contribute to the architectural or cultural character of an area, while providing flexibility for interior renovations and use adaptation.
Who can establish a façade easement?
Façade easements are typically established by property owners in consultation with local historical preservation commissions, government bodies, or preservation organizations.
Are there any financial benefits to a façade easement?
Yes, property owners may receive tax benefits, grants, or other financial incentives for donating a façade easement as it qualifies as a charitable contribution under certain conditions.
How long does a façade easement last?
Generally, façade easements are established in perpetuity, meaning that the preservation requirement remains with the property through successive ownerships indefinitely.
Can a façade easement affect property value?
It can. While it might make modifications more restricted, ensuring the preservation of historic facades can also enhance property values by maintaining the character and desirability of an area.
Related Terms
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Historic Preservation:
- Protecting, conserving, and rehabilitating historical buildings and sites.
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Certified Historic Structure:
- A building recognized by the National Park Service as significant to American history, architecture, or culture.
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Conservation Easement:
- A legally enforceable agreement to preserve land area or natural resource values by limiting development and certain land uses.
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Restoration:
- The process of returning a building or site to its original condition as closely as possible.
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Adaptive Reuse:
- Repurposing old buildings for new uses while retaining their historic features.
Online Resources
- National Trust for Historic Preservation: Offers resources and guidance on various aspects of historic preservation, including façade easements.
- National Park Service: Information on historic preservation easements and related tax incentives.
- Preservation Easement Trust: Provides details on how easements work and the benefits to property owners.
References
- National Park Service: Easement basics and FAQs - National Park Service Easements.
- Internal Revenue Service: Tax guidelines for historic preservation easements - IRS Historic Preservation Easements.
Suggested Books for Further Studies
- “Historic Preservation: An Introduction to Its History, Principles, and Practice” by Norman Tyler, Ilene R. Tyler, Ted J. Ligibel
- “The Economics of Historic Preservation: A Community Leader’s Guide” by Donovan Rypkema
- “Preserving the World’s Great Cities: The Destruction and Renewal of the Historic Metropolis” by Anthony M. Tung
- “Preservation: The Art and Science of Historic Restoration” by Lee Scott Tate
