Pennsylvania Deed of Conservation Easement

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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.

A Pennsylvania Deed of Conservation Easement is a legal document that grants a landowner the ability to protect and preserve their property's natural, historic, and scenic values. It is a voluntary agreement between the landowner and a qualified organization, such as a land trust, government agency, or conservation organization, which limits certain uses and development rights on the property. The purpose of a Pennsylvania Deed of Conservation Easement is to ensure the perpetual conservation of the land while allowing for continued private ownership. Landowners who choose to enter into a conservation easement agree to permanently restrict specific activities on their property to maintain its conservation values. This safeguards the property from future development and ensures the preservation of significant natural resources, biodiversity, wildlife habitats, forests, farmlands, and cultural or historical features. A Pennsylvania Deed of Conservation Easement is recorded with the county's recorder of deeds to ensure its enforceability and continued protection over time. It binds not only the current landowner but also all future owners of the property, making it a lasting commitment to conservation. The easement document contains legal language outlining the agreed-upon restrictions, rights reserved by the landowner, and responsibilities of the responsible organization. In Pennsylvania, there are different types of conservation easements that landowners may choose based on their property's unique characteristics and conservation goals: 1. Scenic Conservation Easement: This type of easement emphasizes the protection of scenic landscapes, views, and historical landmarks. It ensures that the natural beauty and cultural heritage of the land are preserved for future generations. 2. Agricultural Conservation Easement: Specifically designed for agricultural lands and working farms, this easement focuses on safeguarding farmland from development while still allowing for traditional farming and related activities. 3. Riparian Conservation Easement: These easements aim to protect and restore the ecological health of water bodies, such as rivers, streams, and wetlands, by establishing buffer zones and restricting harmful activities that may degrade water quality. 4. Natural Resource Conservation Easement: This type of easement focuses on the preservation of critical natural resources, such as forests, wetlands, wildlife habitats, and unique ecosystems. It ensures that the land remains undisturbed and supports the biodiversity and ecological integrity of the area. 5. Historic Conservation Easement: This easement is tailored to protect historical buildings, structures, and sites of cultural significance from alteration, demolition, or unsuitable development. It helps preserve the architectural, historical, or archaeological integrity of the property. In summary, a Pennsylvania Deed of Conservation Easement is a legally binding document that allows landowners to protect their property's natural, historical, and scenic values through limiting specific activities and development rights. Different types of easements cater to various conservation objectives, such as scenic preservation, agricultural protection, riparian health, natural resource conservation, and historical preservation.

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How to fill out Pennsylvania 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.

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DETAILED BREAKDOWN OF STEPS REQUIRED TO COMPLETE A CONSERVATION EASEMENT ... The conservation easement language is the actual written document which is filed at ... The Tug Hill Tomorrow Land Trust provides landowners with a photo-rich, word-light, 11-page explanation of the 8 major steps required to establish a con...The model provides for three levels of protection to deal with variations in conservation objectives across a property, but one or two levels can easily be ... A voluntary conservation easement is a legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in ... purchasers do not overlook the easement. Thus, the most appropriate method of filing a deed for a conservation easement is to follow all statutory requirements. eAsement donAtion. The most common way of conveying a con- servation easement is by donating it outright to a land trust. A donation of a conservation. ... the Easement Date as identified in the Baseline Documentation. “Existing Servitude” means an easement or other matter affecting title to the Property (other ... To conserve the land, the owners and the “holder” (a nonprofit conservation organization or government) sign and record at the county recorder of deeds office a ... Jun 10, 2016 — This type of Protective Covenant is to be used when the easement property interest (not the property itself) in protected wetland(s) is to ... The Grantor grants to the Corps, the U.S. Department of Justice, and/or the PADEP, a discretionary right to enforce this Conservation Easement in a judicial ...

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Pennsylvania Deed of Conservation Easement