Pennsylvania Grant of Conservation Right and Easement

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

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

An easement may also be acquired by ?prescription.? An easement by prescription (also known as a ?prescriptive easement?) arises from the continuous, notorious, adverse use of a driveway, or similar path across another's land for a period of twenty-one years.

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.

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.

Conservation easements are used to protect all types of land, including coastlines, farm and ranchland, historical or cultural landscapes, scenic views, streams and rivers, trails, wetlands, wildlife areas, and working forests.

Gift of Conservation Restrictions (Conservation Easements) Permitted uses typically include agriculture, forestry, recreation, and other open space uses. Industrial, commercial and residential development uses are typically prohibited. Restrictions may cover all or part of the property.

For a property owner whose property does not adjoin a public road and does not have access either through an express access easement or by legal implication, Pennsylvania's Private Road Act (the ?Act?) offered the landlocked property owner a remedy.

Who owns and maintains an easement? The Property Owner continues to own the land and has only given up defined rights on the portion of land used for the easement. Maintenance of the property within the easement is the responsibility of the Property Owner.

A conservation easement is a restriction on the use of the property that is attached to the deed to the land. 7 PA Code §138(e). 241. The use of the property is restricted by the terms of the conservation easement and those restrictions apply to all future owners of the property.

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Pennsylvania Grant of Conservation Right and Easement