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Property Easement Law Policies

The easement program administered by the Cambridge Historical Commission provides an advantageous means by which an owner may voluntarily protect an architecturally or historically-significant property. The program encourages private investment in restoration of significant buildings with no corresponding expenditure of public funds. At the same time, an owner might benefit because of Federal and municipal tax policies.

An easement is a "non-possessory right to control what happens to buildings or land owned by others". It is voluntarily conveyed by the property owner to a qualified body such as the Historical Commission, which holds the right and enforces the terms. To be effective, the easement must protect the publicly visible features of the property from alterations without review by the Commission. It may also be drafted to allow specific development opportunities to take place, or to protect significant interior features. Easements need not freeze a building in its present appearance; however, owners may be required to upgrade a property as a precondition for acceptance. The property's use is not necessarily affected.

Enforcing the provisions of the easement is a long-term responsibility for the Commission. To this end, a cash grant is generally required when an easement is accepted. The easement program is strengthened as accumulating grants which function as an insurance pool in the event that legal action is necessary to protect a particular property.

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