Maine Environmental Restriction Easement

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Multi-State
Control #:
US-EAS-10
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Word; 
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This is a sample form for use in transactions involving easements, an Environmental Restriction Easement. Requires a specific property to be subject to covenants, restrictions and easements as part of an order from federal court litigation.

Maine Environmental Restriction Easement (MERE) is a legally enforceable agreement that imposes permanent restrictions on the use and development of certain properties in Maine in order to protect the environment. It is designed to conserve and preserve the natural resources and ecological values of the state for future generations. Here are some relevant keywords and types of MERE: 1. Conservation Easement: This type of MERE is the most common and typically involves the protection of open space, forests, wetlands, wildlife habitats, and scenic areas. It restricts activities such as logging, residential development, and industrial operations that could harm the environment. 2. Farmland Preservation Easement: This type of MERE focuses on protecting farmland from being converted to non-agricultural uses. It safeguards the agricultural productivity, rural character, and economic viability of working farms by limiting development and promoting sustainable farming practices. 3. Water Resource Protection Easement: This MERE type aims to safeguard the quality and availability of water resources such as rivers, lakes, streams, and groundwater. It restricts activities that can pollute or degrade water bodies, such as certain types of agriculture, construction, and industrial operations. 4. Historic Preservation Easement: This MERE is specifically designed to protect historically significant structures, buildings, and sites. It prevents alterations, demolitions, or any changes that could negatively impact the historical integrity and character of a property. 5. Coastal Easement: This type of MERE is aimed at preserving the coastal areas and their unique ecosystems. It restricts activities like shoreline development, dredging, and disposing of waste in coastal waters, thus ensuring the protection of the marine habitat and maintaining the natural beauty of the coast. Maine Environmental Restriction Easements are often granted by landowners voluntarily, in cooperation with environmental organizations or government entities, to ensure the long-term conservation and protection of important ecological features. These easements help maintain biodiversity, mitigate climate change, protect water quality, preserve scenic views, and provide recreational opportunities while allowing responsible land uses that do not harm the environment.

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FAQ

Farmers or ranchers who donate a conservation easement may be eligible for federal income tax and estate tax benefits. The easement restricts commercial, industrial and residential subdivision development of the property, so in a practical sense the land value is diminished with the easement.

A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.

ofway easement grants the holder only the rights as stated in the express easement or granted by court order. Typically the right is simply to cross over the land of another. The easement holder does not have the right to change the nature or location of the rightofway.

A conservation easement is a legally binding agreement between a landowner and the easement holder that restricts use of the land subject to the terms of the easement.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

Conservation easements are legally binding agreements between a landowner and another entity, such as a land trust or government agency. An easement may be donated or sold by the landowner. A conservation easement typically limits how the land may be used by the current owner and all future owners.

"Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open space values of real property; assuring its availability for agricultural, forest, recreational or open space ...

An easement allows its holder the right to use another person's land for the purpose specified in the deed granting the easement. The landowner retains full ownership of the land and can use it in any way that does not interfere with the rights granted in the easement.

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To add an amendment to an existing easement record, select the easement and chose the view/edit/amend option. At the bottom of the next screen will be an "Add ... An easement may apply to the entire property or to a portion of it; it may be in the form of an agreement, deed restriction or covenant. An easement does not ...The first step in determining a potential income tax deduction is to complete a real estate appraisal that compares the market value of land before and after ... 1) This is not a complete model conservation easement. This document ... This Conservation Easement is established pursuant to the Maine Conservation Easement ... A conservation easement is a legally binding agreement, voluntarily entered into between a landowner and the New England Forestry Foundation (NEFF). Appendix 096-501-A - Suggested templates for deed restrictions and conservation easements for use under the Stormwater Management Law. This checklist describes the types of restrictions and conditions that could be included in a Land Protection Agreement. Not every item will be in every ... this Conservation Easement and the application of such provisions to persons or ... Conservation Easement shall be governed by the laws of the State of Maine. by KE Hermansen · 2018 · Cited by 11 — Maine recognizes that downstream owners maintain a limited easement in natural water courses. ... outside the legal limits of the easement, the ... Jan 15, 2015 — Such easement shall include without limitation the right to excavate, pave, place fill material, loam and seed and other necessary ...

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Maine Environmental Restriction Easement