Kentucky Warranty Easement Deed For Conservation of Wetlands

State:
Multi-State
Control #:
US-EAS-14
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Warranty Easement Deed for Wetlands. Used to restore, protect, manage, maintain, and enhance the functional values of wetlands and other lands, and for the conservation of natural values including fish and wildlife and their habitat, water quality improvement, flood water retention, groundwater recharge, open space, aesthetic values, and environmental education.
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FAQ

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.

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.

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, ...

(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.

As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.

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Kentucky Warranty Easement Deed For Conservation of Wetlands