Florida Deed of Conservation Easement

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

Conservation Property means any real property for which present or post- remediation use is primarily for wildlife habitat.

Conservation Easement Exemption (196.26 F.S.): Applies to conservation easements into perpetuity. Land under easement that is used for commercial purposes is exempt to the extent of 50% of the assessed value. Land under 40 contiguous acres must be determined by ARC (Acquisition and Restoration Council), a State agency.

In order for a property to be considered conservation land by the Florida Natural Areas Inventory (FNAI), a significant portion of the property must be undeveloped and retain most of the attributes one could expect it to have in its natural condition.

How long do conservation easements last? Conservation easements are perpetual. They are transferred with the land from owner to owner when the property is sold and remain enforceable after the issuance of a tax deed. Easements may be specifically tailored to meet the needs of both the landowner and the district.

In Florida, Section 704.06, Florida Statutes, defines a ?Conservation Easement? as ?. . . a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish, plants, ...

What is a conservation land? In order for a property to be considered conservation land by the Florida Natural Areas Inventory (FNAI), a significant portion of the property must be undeveloped and retain most of the attributes one could expect it to have in its natural condition.

A conservation easement is a voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values. Also known as a conservation restriction or conservation agreement, a conservation easement is one option to protect a property for future generations.

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Florida Deed of Conservation Easement