Missouri 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

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient 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.

Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.

Easements are exclusive and, therefore, apportionable or they are "common and non- exclusive". Easements are exclusive where the possessor of the easement retains the entire or whole right to utilize the benefits of that easement, i.e. where the servient owner may not participate in that use.

An easement is an interest in land owned by someone other than the owner of the property. The land which is benefited by the easement is referred to as the dominant estate, while the land impressed with the easement is generally referred to as the servient estate.

Missouri: Statute allows a landlocked landowner to "privately condemn" a road easement across his neighbor's land. But you have to pay fair market value, pay for your own attorney and court costs, and don't necessarily get to determine the location of the road.

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Missouri Deed of Conservation Easement