Arkansas Deed of Conservation Easement

State:
Multi-State
Control #:
US-EAS-5
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Deed of Conservation Easement. Allows limited land uses on the property to preserve scenic, natural, open space, historical, educational and/or recreational values.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

The prerequisites to the creation of an easement by necessity are: 1) the titles to the two tracts in question must have been held by one person; 2) the unity of title must have been severed by a conveyance of one of the tracts; 3) the easement must be necessary in order for the owner of the dominant tenement to use ...

While owning landlocked property in Arkansas can be challenging, the state provides a legal avenue for landlocked property owners to establish road access to and from their property. To establish an easement, it's crucial to follow the legal requirements and procedures outlined in the law.

A preservation easement (more generally called a conservation easement) is a voluntary legal agreement through which a property owner grants rights to approve future development of or changes to a historic property to a qualified organization whose mission includes historic preservation.

As a legal document, an easement in Arkansas should be filed and recorded in the land records with the county recorder in the county where the property is located.

After the easement is granted, the property owner continues to maintain the easement just like the rest of the yard. What can/cannot be in an easement? Ground covers or grasses may be planted within an easement.

A prescriptive easement is a property right that is held by someone other than the property owner ? in our example, schoolchildren ? to use a property in a very specific way: to get to and from school.

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Arkansas Deed of Conservation Easement