Maine Deed of Conservation Easement

State:
Multi-State
Control #:
US-EAS-5
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Deed of Conservation Easement. Allows limited land uses on the property to preserve scenic, natural, open space, historical, educational and/or recreational values.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

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.

"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 ...

So, where the neighbors will not give permission, the law will allow the landlocked owner to bring a suit to obtain an easement by necessity - the right to cross the land for purposes of accessing the property (this doesn't include any other rights to use the land).

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.

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.

In the common a situation where an easement holder's driveway crosses the burden estate, and the holder is the only user of the way, then the easement holder is responsible for the maintenance and it's costs.

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 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.

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Maine Deed of Conservation Easement