Missouri Grant of Conservation Right and Easement
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How to fill out Grant Of Conservation Right And Easement?
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FAQ
Substantial State Investment In 1976, Missouri voters approved a constitutional amendment that permanently dedicated a one-eighth of one-cent Conservation Sales Tax. The tax generates over $100 million each year and accounts for more than half of the state Department of Conservation budget.
To obtain a common law easement by necessity, the property owner desiring such an easement must show prior unity of title and subsequent deprivation of access to a public roadway. An easement by necessity will not arise from proof that the easement will be convenient.
Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.
Conservation easements are used to protect a variety of values, including open space, rare habitats, water quality, historical significance, scenic values, recreational trails, or other features of the land.
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.
An easement acquired by prescription is a right acquired by continued and un-interrupted use which is open and visible, hostile, and under claim of right for a period of at least ten years.
One can terminate an easement by adverse possession just as one may create a prescriptive easement by adverse possession. The petitioning party mush demonstrate that its use of the easement in question has been continuous, uninterrupted, visible and adverse under a claim of right for ten years.