Historic restorations are admired by most people but old houses are not for everyone.
It takes a special person to appreciate and understand the workmanship of an old house.
It takes someone even more special to rescue a neglected home and restore it to its former glory.
If you’re reading this, you are that special person.
You found a historic home and spent hours researching how to restore it correctly.
You removed modern additions, stripped the paint off all the woodwork, and spent a good part of your life putting your soul into your house.
Finally, the restoration is complete, and you can enjoy the fruits of your labor.
You saved this house to be cared for and enjoyed by future generations.
Sadly you go to the store one day and get run over by a bus.
A few years later your spouse passes and your son inherits the house. A few years after that a career move forces him to sell the house.
The happy new owner – a fan of “This Old House” is excited to do what he/she thinks is right for the historic house.
Arched windows are replaced with new rectangular “energy efficient” plastic replacements.
The natural varnished woodwork is painted because the realtor said it will be better for resale.
Porch maintenance has been neglected making it easier to just remove the porch.
The interior is altered for an open floor plan.
All your hard work is undone! So sad!
But YOU can STOP this from happening today, so read on.
This house was meticulously restored.
This is the before photo of the restored photo at the top. A tremendous amount of research and planning must be done before restoration.
Homeowners Destroy Lovingly Restored Homes.
This is a crime, but life is full of surprises. What can you do? You can come back from the grave and haunt the family, but the harm is still done! The house survived over 100 years and now someone with a big budget discovered some good renovating ideas from “This Old House”. The TV show This Old House along with many HGTV shows are completely responsible for the loss of historic buildings. They promote creativity and not restoration or preservation.
1740 Boxwood Hall.
Look at what happened to this 1740 house.
Read the full story about this crime here.
See more photos and the interior here.
This house is on the outskirts of two towns and therefore not protected by a historic district. Of course we curse the new owner but the seller should have valued this beautiful piece of history and protected it. Shame on both seller and buyer!
The Saddest House in New York City.
From this . . .
To this!
Here is another sad story about a preservationist who passed away.
Monsters Destroy Preserved Historic Home.
Beware of evil homeowners.
This beautiful 1908 home was murdered by a new homeowner. Read about it an be sure to click the link to the interior photos.
Destruction can Come Slowly Without Noticing.
The above crimes happened all at once. Just like a cancer can begin by something going unnoticed, the loss of the character of a house can be the same.
This article, Death of a Cottage shows the simple and logical changes that can slowly add up.
How to Protect Your House After You’re Gone.
I hope you read the links to the three homes above and you are probably feeling pretty bummed out. People think that my doing such wonderful preservation, no-one would buy such a house and change it. They are buying a historic house because that is what they like. This is wrong and you must be realistic.
This does not have to happen. Only YOU can protect your investment.
What is a Preservation Easement?
Historic preservation easements are legal documents that ensure the perpetual (1000 years +) preservation of a property by restricting changes that may diminish the integrity of the historic character defining features of a property. The preservation easement places YOUR SPECIFIC conditions on maintenance and treatment of the property. Your house does not have to be something that George Washington slept in, just a house you would like to see the historic character defining features and appearance preserved.
You decide on each feature you want to preserve. Interior and exterior, it must be identified and listed in the preservation easement document. Number and description of windows, porches and porch elements, wood siding, and exterior finishes, interior features such as non painted woodwork, antique kitchen sinks, even the land and landscape features that comprise the setting of the building. The character defining features that you worked so hard to protect will be protected when you are gone and/or the building is sold.
Each time the house ownership is conveyed to another owner, the easement is automatically attached to the deed and cannot be changed.
How Does a Historic Preservation Easement Work?
First you need an Easement Holder.
A historic preservation easement is held by a qualified easement holder.
Why? Because this organization will make visits to your house to ensure the preserved features are preserved as you stipulated.
They will also meet with new owners and explain the easement and the reason for the importance of preservation.
They are also responsible for enforcement.
Who will know that your claw foot tub has been replaced unless it is periodically monitored.
If this happens, the new owner must replace it with an exact antique replacement.
What is and How do I Find an Easement Holder.
The easement must convey the right to enforce the stipulated conditions and restrictions to the holder of the easement. The holder of the easement must be a qualified preservation organization or government agency involved with preservation. There may be local organizations and possibly historic societies that can be holders of the easement.
One large organization is the National Trust for Historic Preservation. The National Trust goes into more detail about Preservation Easements on their site. One stipulation is that the property must be listed on the National Register of Historic Places (NRHP). If your home is not on the NRHP, or is not listed as eligible to be listed on the NRHP, there may be another easement holding organization with less strict criteria in your state or county. I recommend contacting your State Historic Preservation Office .
How Much Does This Cost?
All this comes with a cost of about several thousand dollars. Understand that yearly visits must be made to ensure all future homeowners are abiding by your easement requirements. A preservation easement is similar to the Farmland Preservation Easement. There is also a chance that your easement holder may have to take this matter to court. So when you think about it, making a yearly visit for over 100 years and the possibility of going to court, this is a good price. It is still a lot less than the cost for all your restoration efforts.
I know all of this is complicated and requires many details you must understand and consider. There are tax benefits but you will need to consult with a lawyer or and accountant for more information. This is the best way to protect all your wonderful preservation efforts for future generations to appreciate.
You must be a responsible homeowner. A historic preservation easement will protect your house but being on the Historic Register will NOT for your house can still be demolished.
Watch This Video from Preservation North Carolina For an Easy Explanation on How This Works.
While this is for North Carolina, you location may be different but this will give you a very good and easy understanding of something that can seem intimidating.
Deed Restriction – A Lesser Option
If your house does NOT qualify to be listed on the Historic Register or there are not other organizations that do not require this here is another option. While this option is not nearly as good as an easement it is better than nothing.
The only party that can remove the restriction is the person who added it. Future owners cannot remove it without your approval.
The drawback is that a deed restriction is not monitored. A homeowner may forget about certain restrictions and alterations would not be noticed until the next sale. With a Preservation Easement the easement holder will visit your house yearly and see that your wishes are followed.
You can do your part to help save old buildings by sharing this article.
What About Local Historic Districts?
While an easement may lower the value of your house because it cannot be demolished and developed or a homeowner is restricted from the same, a local historic district can increase property values 5-35%. This is because a new homeowner is buying the security that what they see out their window today will be the same years later. While I totally recommend districts, the qualifications of the commission can vary and can allow what should not be allowed. A historic district combined with an easement is the best option. Read more about Historic Districts here.
Great article. So very important for historic structures. I am definitely working this into my 5 year preservation and inheritance plan.
So, so sad! It’s a swan turned into an ugly duckling.
Have you seen this beautiful 1908 home? Real estate video and link below. It was on the market last year, but I don’t think it sold. It looks all original except for the carriage house and some of the kitchen? Hopefully it is still intact.
http://youtu.be/jjSBE4-v_KQ.
http://www.realtor.com/realestateandhomes-detail/32-East-Blvd_Rochester_NY_14610_M30734-12934
Beautiful
So sad to see it when this happens. Just buy a new house instead of undoing such great work on these old beauties!
Though I’ve been familiar with your blog for several years, I hadn’t come across this post until I saw it linked in “An Angry Yet Very Sad Article.” Thank you, thank you, thank you, because this is probably exactly the solution I’ve been looking for. I bought a NRHP-listed house in poor condition nearly seven years ago and have spent most of the years since trying to put it back to rights. After my mother died 2 years ago I realized I couldn’t put off writing my will any longer; more importantly, I wanted to have some sort of provision in my will that would preserve this house well beyond my death and prevent it from falling into the hands of people who wouldn’t respect its historic integrity. My attorney and I discussed several possibilities but couldn’t come up with someone that really seemed like it would accomplish what I wanted. A historic preservation easement isn’t something that occurred to either of us, but after reading your post and looking into it (hallelujah yes, they are a recognized legal instrument in Kentucky) I’m confident this will be the way to go. It will give me the peace of mind knowing this house won’t be carved up into apartments for transient laborers (what it was being used for when I bought it) and I won’t have to burden my son and brother with the responsibility of maintaining it after I’m gone. Again, thank you for this post (and your passion for preserving old houses), because I don’t know that the idea of a historic preservation easement would have occurred to me otherwise.
This is wonderful to hear. Unexpected events occur in our lives and this is one way to feel secure and letting your legacy live on.
I was wondering if there are any agencies who would like to have an old oil to coal to gas converted Octopus furnace.
I am soon to sell my home and it currently has one. I have a newer furnace that can be installed to replace the Octopus, however I hate the idea that it will just be discarded when replaced.
Keep it in the basement – I did.
I am looking into a historic easement. It is very expensive, more than several thousand. There are some tax incentives but they only help with about 10% of the cost.
I NJ it was $7,000. Aside from the paperwork, they will visit your house every year to police things. There should be a federal and state tax reduction.