North Carolina Deed of Conservation Easement

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US-EAS-5
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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.

A North Carolina Deed of Conservation Easement is a legal document that establishes a voluntary agreement between a landowner and a qualified conservation organization or government agency. This agreement limits certain uses of the land, aiming to protect its natural, cultural, or scenic resources for perpetuity. It ensures that the unique ecological, agricultural, or historic values of the property are conserved, even if ownership changes in the future. Keywords: 1. North Carolina Deed of Conservation Easement: a legally binding document in North Carolina that restricts certain land uses. 2. Conservation Easement: a voluntary agreement that protects the natural, cultural, or scenic values of a property. 3. Landowner: the individual or entity who owns the land subject to the conservation easement. 4. Qualified Conservation Organization: a nonprofit organization or government agency with expertise in land conservation. 5. Perpetuity: the conservation restrictions outlined in the easement are intended to be in place indefinitely. 6. Ecological Resources: the natural features and wildlife habitats found on the property. 7. Agricultural Resources: the farmland, forests, or open spaces used for agricultural or forestry purposes. 8. Historic Resources: the buildings, structures, or archaeological sites with significant historical or cultural value. 9. Land Use Restrictions: the limitations placed on property development, subdivision, or intensive land use activities. 10. Ownership Change: the easement remains in effect even if the property is sold or transferred. Types of North Carolina Deed of Conservation Easement: 1. Ecological Conservation Easement: Focuses on preserving habitats, biodiversity, and ecosystems found on the property. 2. Agricultural Conservation Easement: Primarily protects sustainable farming practices, productive soils, and working landscapes. 3. Historic Preservation Easement: Concentrates on safeguarding historically significant structures, landscapes, or archaeological sites. 4. Scenic Conservation Easement: Emphasizes the protection of visually attractive landscapes, view sheds, and open spaces. It's important to note that these types may vary depending on the specific conservation goals and priorities of the landowner and the conservation organization or agency involved.

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FAQ

Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.

Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers' path. Violators may be held liable for damages to the easement holder.

Generally, the owner of any easement has a duty to maintain the easement.

North Carolina Income Tax Credits The landowner may apply for a state conservation tax credit on lands put under easement. A landowner may receive a tax credit up to 25 percent of the value of the donated interest in the land (up to a maximum credit of $25,000 for individuals and $500,000 for corporations).

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?

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This documents the conservation values and current state of the property through text descriptions, photographs, and maps to provide a baseline for future ... A landowner should contact the Register of Deeds office in their County to obtain a copy of the conservation easement documentation. In addition, DEQ can ...If the. Grantor chooses to establish a forested practice, the buffer must be consistent with a forest management plan developed for the Easement Area and ... The State is required by N.C. General Statutes to acquire a conservation easement on all sites qualifying for an EEP project to permanently protect the site. May 11, 2017 — WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State of. North Carolina has established the Division of ... The conservation easement is recorded in the records of the Register of Deeds office in the county in which the property is located. The conservation easement “ ... THIS DEED OF CONSERVATION EASEMENT (the “Agreement”) is made this ... of conservation easements pursuant to the terms of the North Carolina Historic Preservation ... Usually a permanent restriction, it is written in deed form and is filed with the county register of deeds, thereafter running with the title to the land and ... If it is a private easement the holder of. If it is a private easement, the holder of the easement must file a document in the register of deeds office of the ... THIS DEED OF EASEMENT FOR HISTORIC PRESERVATION (“Preservation Agreement”) is made by and between [BUYER/WINNING BIDDER] residing at ...

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North Carolina Deed of Conservation Easement