Get Model Conservation Easement Language - Virginia Department Of ... - Dcr Virginia

Landlocked properties often arise as the product of subdividing much larger pieces of land. The original landowner may have even built roads from these separated properties, but it is still possible for land to get locked if the roads are private and not turned over to local government.

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.

A historic preservation easement is a voluntary legal agreement that protects a historic property or cultural resource. Under the terms of the easement, the property owner grants a portion of, or interest in the property to an organization whose mission includes historic preservation.

What is an Easement in Virginia? An easement is a non-possessory right of use over the land of another. An easement holder has the right to use the landowner's property for a certain purpose and is prohibited from changing or expanding his use of the easement without the consent of the landowner.

"An easement preventing a property owner from certain, otherwise permitted, uses of his or her land, e.g., agreeing not to do something such as building a wall or fence blocking an adjoining property's view."

Under a conservation easement, landowners continue to own, use, and control their land, and can sell it or pass it on to heirs. Easements allow for and encourage rural land uses, such as forest management, agriculture, hunting and fishing. An easement does not require landowners to provide public access to their land.

The easement of necessity by implied grant operates under the principle that when one conveys property one intends to convey all that is necessary for the reasonable use and enjoyment of the property. Otherwise, the grant would be useless.

Conservation Easements can earn both federal & state credits. In VA, the Land Preservation Tax Credit is worth 40% of preserved land value- one of the highest in the country.