Indiana Warranty Easement Deed For Conservation of Wetlands
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How to fill out Warranty Easement Deed For Conservation Of Wetlands?
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FAQ
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
A conservation easement is a legal agreement between a landowner and a land trust or government agency, that permanently limits uses of the land in order to protect its conservation values. It allows landowners to continue to own and use their land, and they can also sell it or pass it on to heirs.
Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.
Thus, a party claiming the existence of a prescriptive easement must show evidence of (1) control; (2) intent; (3) notice; and (4) duration before a prescriptive easement is deemed existing.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Land reserved for pedestrian and vehicle traffic or utilities is in the public right-of-way. You need a permit, and sometimes an inspection, for any use, restriction, or excavation of the public right-of-way. These include streets, alleys, and sidewalk areas.
Conservation easements allow donors to place permanent restrictions on the use of their lands while still retaining ownership. The restrictions in a conservation easement remain with the property, no matter who owns it in the future.