Oklahoma Environmental Restriction Easement

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Multi-State
Control #:
US-EAS-10
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Word; 
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Description

This is a sample form for use in transactions involving easements, an Environmental Restriction Easement. Requires a specific property to be subject to covenants, restrictions and easements as part of an order from federal court litigation.

Oklahoma Environmental Restriction Easement (WERE) is a legal agreement that aims to protect and preserve the natural resources and ecological balance within the state of Oklahoma. This easement is designed to ensure that landowners adhere to certain environmental restrictions and limitations when using their property, preventing any potential harm to the environment. The Oklahoma Environmental Restriction Easement is an essential tool implemented by the state to safeguard its diverse ecosystems, water bodies, forests, and wildlife habitats. It enables both private individuals and organizations to voluntarily participate in the conservation efforts and make a positive impact on the environment. By establishing an Oklahoma Environmental Restriction Easement, landowners commit to adhering to specific regulations and restrictions regarding land use. These restrictions may include limitations on agricultural practices, land development, logging, mining, or any other activity that may have adverse effects on the environment. The goal is to maintain the integrity of the ecosystem while allowing sustainable use of the land. There are different types of Oklahoma Environmental Restriction Easements that landowners can opt for, depending on their conservation objectives and the uniqueness of their property. These may include: 1. Wildlife Habitat Easement: This type of easement focuses on preserving the natural habitat and wildlife corridors within the property, promoting biodiversity and protecting endangered or threatened species. 2. Wetland Conservation Easement: Wetlands play a crucial role in flood control, water filtration, and providing habitat for numerous species. This type of easement concentrates on protecting and restoring wetland ecosystems within the property. 3. Riparian Conservation Easement: Riparian zones are areas adjacent to water bodies such as rivers, streams, or lakes. This easement type emphasizes protecting these zones to enhance water quality, provide wildlife habitat, and maintain the overall health of the aquatic ecosystem. 4. Forest Conservation Easement: Forests are vital for carbon sequestration, wildlife habitat, erosion control, and recreational activities. This easement type focuses on sustainable forestry practices and preserving the integrity of forested areas. 5. Agricultural Conservation Easement: This easement type concentrates on ensuring sustainable agricultural practices, conserving soil quality, and reducing the use of harmful pesticides or fertilizers that could potentially contaminate water sources. Landowners who choose to establish an Oklahoma Environmental Restriction Easement may be eligible for certain benefits, such as tax incentives, grants, or financial assistance aimed at supporting their conservation efforts. Overall, the Oklahoma Environmental Restriction Easement serves as a crucial mechanism to protect the state's natural resources, preserve ecological balance, and promote sustainable land use practices. It allows landowners to actively contribute to environmental conservation while ensuring their property's long-term viability.

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FAQ

A) Utility easements shall be of a minimum width of twenty (20) feet, ten (10) feet on each side of all rear lot lines, or width as specified by the utility company, and when necessary on other lot lines, for poles, wires, conduits, sanitary sewers, gas, water, power, and other utility lines.

Preexistence: There may be an easement of preexistence ? or easement by implication from preexisting use, in some legal settings ? if one party was using the land for their benefit without creating any detriment to the landowner.

In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.

In basic terms, a court-approved easement allows one party to use the property of another party within set limitations and without ever assigning any particular ownership over said property. There are two main forms of easements: Easement in gross: An easement granted to benefit a specific individual.

Termination of Easement for Real Estate Located in Oklahoma This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.

Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.

Utility Easements b) When an easement of twenty (20) feet in width is not provided, the minimum width of the easement shall be fifteen (15) feet, or as required by the County Engineer.

An easement may be terminated when the owner of the easement releases his interest by means of a quitclaim deed.

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Apr 12, 2012 — This easement touches and concerns the land and runs with the land, is legally binding on all current and future owners and tenants of the ... Enclose a current appraisal (within six (6) months) from an Oklahoma licensed appraiser showing the current market value per acre of the proposed lease/easement ...WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation ... Jul 27, 2018 — The Oklahoma Supreme Court has defined an easement as “a liberty, privilege, or advantage without profit, which the owner of one parcel of land ... Jan 15, 2020 — A conservation easement is legally binding in perpetuity, which means the restrictions placed on the property remain intact whether it is sold ... Easements are voluntary restrictions by landowners to prevent conversion to nonagricultural uses and protect its conservation value. Facts About Conservation ... Conservation Easement Act, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. B. The ... Feb 8, 2017 — ,ThlS GRA^T OF ENVIRONMENTAL RESTRICTION AND EASEMENT (the th"rr ... Grantor shall file the description of the proposed excavation and the ... by E McDaniel · Cited by 5 — Conservation easements are completely voluntary, and the Oklahoma landowner enjoys great latitude in determining the specific conservational ... Current through Laws 2023EX1, c. 52. Section 59.1 - Abstracting easement with mortgage or bond indenture - Restrictions. If a mortgage or bond indenture ...

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Oklahoma Environmental Restriction Easement