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A conservation servitude, known as a conservation easement in other states, is a voluntary deeded restriction on your property that prevents it from being developed in certain ways. However, it does not mean that you relinquish ownership of the property. You can still sell, mortgage, and pass the land to your children.
Easements ? or servitudes as they are called in Louisiana, following Napoleonic Law ? are often spelled out in your deed when your purchase the property, but sometimes they simply exist through historical usage and no one has questioned them or seen a need to put them into writing.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
Similar to the common law doctrine of easement by necessity, Louisiana law provides that all estates without access to a public road have a right to obtain passage over neighboring property to reach the nearest public road.
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.
A conservation easement allows landowners to hold and use their property but permanently remove development rights in exchange for tax benefits. Land Trusts. Organizations that manage the easements and obtain federal funding.
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.
If you own the land fronting the street, you cannot block access to those who must cross your property to access the street. They have a legal right to do so. A prescriptive easement is one that is recognized by the mere fact of its existence and its continued use.