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Instead, the law will imply an easement exists. 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.
Grants or sales of limited easements are usually not treated as taxable sales of property. Instead, amounts received from such transfers are subtracted from the basis of the property. Any amounts received in excess of basis are treated as taxable gain.
The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.
Conservation easements facilitate other conservation tools Federal law allows an annual exclusion from the gift tax. In 2022 the exclusion amount is $16,000 per donor per donee. By reducing the value of land, a conservation easement allows more land to pass, tax free, to the next generation.