Hawaii Environmental Restriction Easement (ERE) is a legal agreement between a landowner and a government entity or nonprofit organization that aims to protect and preserve the environmental, cultural, and natural resources of Hawaii. It imposes certain restrictions and limitations on the land use, development, and activities taking place on the property, ensuring long-term conservation and sustainability. ERE plays a crucial role in safeguarding Hawaii's unique ecosystem, fragile habitats, natural landscapes, and historical sites. It helps maintain the ecological balance, biodiversity, and cultural heritage of the islands. These restrictions typically apply to specific areas such as wetlands, forests, coastal zones, or other environmentally sensitive regions. There are different types of Hawaii Environmental Restriction Easements, including: 1. Conservation Easements: These focus on preserving natural resources and ecosystems, prohibiting activities such as deforestation, mining, or habitat destruction. They encourage sustainable land management practices, fostering the protection of native flora and fauna. 2. Agricultural Easements: These easements aim to promote sustainable farming practices, protecting valuable agricultural lands from urbanization and development. They may restrict the conversion of farmland into residential or commercial use, ensuring the continuity of Hawaii's agricultural industry. 3. Historic Preservation Easements: These easements protect historically significant buildings, sites, and structures in Hawaii, preventing alterations, demolitions, or inappropriate modifications that could compromise their historical integrity. By preserving the architectural and cultural heritage, these easements contribute to the overall identity of the islands. 4. Coastal Easements: With a focus on the vulnerable coastal zones of Hawaii, these easements restrict activities like construction, coastal erosion, or modification of natural shoreline features. They help maintain the balance of delicate ecosystems, protect beaches, and preserve important habitats for native marine species. Hawaii Environmental Restriction Easements can be granted in perpetuity, meaning they remain in effect indefinitely, or for a specified duration. They are typically voluntary agreements, negotiated between landowners and entities dedicated to environmental conservation, such as government agencies, land trusts, or nonprofits. By promoting sustainable land use practices, protecting natural resources, and preserving cultural heritage, these easements contribute to the long-term conservation efforts in Hawaii, ensuring the islands' beauty and integrity for future generations.
Hawaii Environmental Restriction Easement
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FAQ
A prescriptive easement gives the legal right of use to someone other than the rightful property owner. But such use is only for a specific purpose, while adverse possession provides for the actual transfer of title and ownership interest of the real property.
With a conservation easement, the owner still owns the land. Depending on the details of the easement, the owner can still build structures and/or engage in agriculture or forestry, even limited commercial or development activities.
(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.
(a) A person who alleges the existence of a private nuisance due to excessive noise may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.
In Hawaii, trespassing is defined as the act of intentionally entering or remaining on someone else's property without permission.
"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.
A: Encroachment Agreements and Party Wall Agreements are types of written documents entered into between owners of neighboring properties. They are usually entered into in response to a land survey indicating that a wall or other improvement crosses the boundary line between two properties.
A squatter may be able to claim ownership of a property after a certain amount of time residing there. In Hawaii, it takes 20 years of continuous occupation for a squatter to make an adverse possession claim (HRS § 657-31.5, et seq).
For residential homes, what are the required building setbacks? In general, dwellings must be set back 10 feet from the front property line and 5 feet from the side and rear property lines. However, side and rear yards must be larger for floor area ratios exceeding 0.6.
Adverse Possession Claim In Hawaii, following 20 years of continuous possession, a squatter can claim ownership of the land. This, of course, would mean that the idea of prosecuting the person as a criminal trespasser goes out the window.