Protected Properties

Historic Preservation Easements and Covenants

Preservation Durham holds protective covenants/easements on more than 50 properties in Durham County. An easement is a private, legal interest conveyed by a property owner to a qualified preservation organization or government agency. A covenant is a similar instrument, but it is placed by the organization on a property it owns before sale to another entity. Once in place, most easements and covenants are perpetual and bind both current and future owners to protect the historic character and values of the property. An easement is recorded with the deed. Here is a link to a PDF with Preservation Durham Protected Property Owner Responsibilities.

How do I know if my house is protected by Preservation Durham?

You should have been provided with a copy of the covenant or easement at the time of your purchase. Most of our protections include a right of first refusal that requires the buyer's signed acknowledgement at closing. The document will be recorded with your deed. If you are still unsure, reach out to us and ask!

Preservation Durham protects my house with an easement - how do I get permission for a project?

Please remember to contact Preservation Durham before you make any changes to your property. Routine maintenance and in-kind repairs are allowed without review, but anything that changes the material or alters the look of your property must be reviewed and approved. We encourage you to reach out to us if you are unsure what falls under "routine maintenance." For other changes, we have a form for owners to use to send us details of the proposed work. We have approved numerous changes to protected properties and try to be flexible, timely and helpful. Most of our protected properties are meant to be lived in, loved, and are not museums (although we protect a few of those too!). 

Preservation Durham protects my house with an easement and I'm moving, what do I need to do?

Please be sure the listing mentions the covenant/easement and that the document is provided to interested parties. We are more than happy to speak with interested buyers and answer questions when you put it on the market. Please reach out to us as soon as you have accepted an offer and your house is under contract so we can prepare the waiver of our right of first refusal in a timely manner.

If my house has a HPSD plaque, is it protected?

Not necessarily. Our historic home plaques are entirely separate and do not carry any protections on their own. If your property is a contributing building in a locally designated historic district or is individually landmarked, it may be subject to review and protection under Durham's Historic Preservation Ordinance.

How can I protect my property with an easement?

Easements are flexible tools and can be crafted to address the specific characteristics of a property and the property owner's interests. Easements are the strongest tool available to assuring future preservation of a property. In many cases, they are used to protect historic properties that are not under local historic preservation purview and they are the strongest protection against demolition. Protecting a historic property using a preservation easement can have numerous benefits, including peace of mind that a cherished property is protected and, in some cases, a federal income tax deduction for properties listed on the National Register of Historic Places or contributing to a National Register historic district. For more information about historic preservation easements, check out this brochure from the National Park Service or reach out to us for more details, including examples.