New Jersey Warranty Easement Deed For Conservation of Wetlands

State:
Multi-State
Control #:
US-EAS-14
Format:
Word; 
Rich Text
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Description

This is a sample form for use in transactions involving easements, a Warranty Easement Deed for Wetlands. Used to restore, protect, manage, maintain, and enhance the functional values of wetlands and other lands, and for the conservation of natural values including fish and wildlife and their habitat, water quality improvement, flood water retention, groundwater recharge, open space, aesthetic values, and environmental education.
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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.

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.

These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.

An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.

A conservation easement is a voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values. Also known as a conservation restriction or conservation agreement, a conservation easement is one option to protect a property for future generations.

A conservation easement is a permanent agreement between a landowner and a qualified conservation group. The easement document specifies: The purpose of permanent protection, including the natural, cultural, historic and scenic attributes of the land. What uses or rights the landowner retains.

The Benefits of a Conservation Easement Protect open space or critical habitat on your land? whether it's a family farm or ranch, wetland, pasture or forest?from encroaching development. Preserve the agricultural value and traditional uses of your land by allowing for continued farming, ranching and timber harvesting.

Wetlands are found throughout New Jersey, and they can be either tidal or non-tidal. Tidal wetlands are routinely flooded by the tides of the ocean, rivers, streams, and bays in New Jersey's Coastal Zone and are usually referred to as coastal wetlands.

In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.

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New Jersey Warranty Easement Deed For Conservation of Wetlands