Nebraska Grant of Conservation Right and Easement

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Multi-State
Control #:
US-134048BG
Format:
Word; 
Rich Text
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Description

In contrast to traditional notions of easements or covenants, restrictions on property by definition, the Conservation Right is an affirmative right on the environmental heritage, or the ´attributes and functions of such heritage that derives from a particular property.
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FAQ

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.

There are two types of implied easements: (1) those that arise as an element of necessity or (2) those that arise from what has been said or done by the parties to the transaction. Hillary Corp. v. United States Cold Storage, 250 Neb.

An easement by necessity is an easement that is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway.

Property or homeowners may not obstruct the public's fair access to non-privately owned areas under the terms of a public easement. Utility Easement gives utility companies the right to access private property for the good of the community.

The Agricultural Conservation Easement Program (ACEP) protects the agricultural viability and related conservation values of eligible land by limiting nonagricultural uses which negatively affect agricultural uses and conservation values, protect grazing uses and related conservation values by restoring or conserving ...

An easement can be acquired by prescription, or adverse possession, such as by the continuous use of a road across another's property, under a claim of right, for a period of more than ten (10) years (under Nebraska law). Such use may ripen into a prescriptive easement that gives the holder continued use of the road.

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.

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.

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Nebraska Grant of Conservation Right and Easement