Easement Deed Of Trust

State:
Multi-State
Control #:
US-EAS-14
Format:
Word; 
Rich Text
Instant download

Description

The Easement Deed of Trust is a legal document used to grant rights for the conservation and management of wetlands and natural resources to the United States government, specifically through the Secretary of Agriculture. This document establishes the responsibilities and rights of both the landowner and the United States, including the landowner's obligations to maintain the land and comply with conservation efforts. Key features include a detailed description of the easement area, the rights reserved by the landowner, and the prohibitions against certain activities that could degrade the wetland's value. Filling instructions involve ensuring clarity in the financial consideration and the precise location of the easement. This form is particularly relevant for attorneys, partners, owners, associates, paralegals, and legal assistants engaged in property management, real estate law, or environmental conservation. They can use this form to facilitate legal agreements that serve both ecological interests and property rights, ensuring that landowners understand their rights and responsibilities under the easement deed. Additionally, it can help legal professionals manage client expectations and compliance with federal and state conservation laws.
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  • Preview Warranty Easement Deed For Conservation of Wetlands
  • Preview Warranty Easement Deed For Conservation of Wetlands
  • Preview Warranty Easement Deed For Conservation of Wetlands

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FAQ

An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).

Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.

Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.

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Easement Deed Of Trust