Kentucky Conservation Easement
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How to fill out Conservation Easement?
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FAQ
By voluntarily limiting some of these activities, a conservation easement allows a landowner to retain private ownership while also achieving other goals, like protecting a farming or ranching operation, preserving open space or conserving habitat for wildlife.
Conservation easements provide a unique investment opportunity for individuals interested in both environmental conservation and potential tax benefits. While there are some risks associated with investing in conservation easements, the potential environmental and tax benefits make it a worthwhile investment for many.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
KRS 382.800-860 establishes that a conservation easement is a legal agreement between a landowner and a land trust or other charitable or governmental organization for the purpose of ?retaining or protecting natural, scenic, or open-space values of real property, assuring its availabil- ity for agricultural, forest, ...
Section 177.106 - Definition - Highway encroachment prohibited without permit - Removal - Civil fines imposed and collected - Permissible use of fines (1) As used in this section, "encroachment" means any improvement to land including but not limited to buildings, fences, ditches, embankments, driveways, or signs, or ...
(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law. The PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land.
An easement is a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. They are typically granted by will, by deed or by a contract. An easement is created by the legal document which is expressed either by grant or deed.
An Easement grants use of a part of property, but does not transfer interest. As such, the original property owner is still responsible for the taxes on the part of the property. Maintenance of the easement is usually the responsibility of the property owner.
Buying a home with a property easement doesn't have to be a bad thing. Many types of easements can be beneficial to both the homeowner and the easement holder. However, they can also create issues and restrict certain property rights.
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.