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.
Pennsylvania Deed of Conservation Easement
State:
Multi-State
Control #:
US-EAS-5
Format:
Word;
Rich Text
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How to fill out Deed Of Conservation Easement?
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FAQ
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.
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.
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.
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.
Affirmative easements provide the dominant estate the right to utilize the land for the purpose of the easement, preventing what would otherwise be trespass. Negative easements provide the dominant estate the right to prohibit use of the servient estate, such as a light and air easement.
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.
Conservation easements are conveyed by deed, have a conservation purpose, are in perpetuity (legal term meaning forever), require stewardship and monitoring, may only be extinguished by a court of law, are permanent and may offer tax benefits.