South Carolina Environmental Restriction Easement

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

South Carolina Environmental Restriction Easement (SCENE) is a legal tool utilized in South Carolina to protect environmentally sensitive areas from development and ensure their conservation for future generations. It focuses on preserving and enhancing the state's natural resources, including wetlands, forests, rivers, and open spaces. SCENE serves as a perpetual agreement between landowners and conservation organizations or government entities, placing permanent restrictions on the use and development of the designated land. There are different types of South Carolina Environmental Restriction Easements, providing flexibility in conservation approaches to accommodate various land types and conservation goals. Some common types include: 1. Conservation Easements: These easements limit the land's use to agricultural, forestry, recreational, or wildlife habitat purposes, aiming to protect natural resources and promote sustainable land management practices. 2. Historic Preservation Easements: These easements are specifically designed to protect historically significant structures and properties, ensuring their preservation and safeguarding their architectural integrity. 3. Scenic Easements: These easements aim to preserve the aesthetic value of certain areas, such as scenic vistas, unique landscapes, and historic trails, by restricting development that could negatively impact the visual appeal. 4. Riparian Easements: These easements target the protection of riparian corridors, which are areas adjacent to bodies of water, such as rivers, lakes, and streams. They help maintain water quality, prevent erosion, preserve wildlife habitat, and ensure recreational opportunities for future generations. 5. Agricultural Easements: Focuses on conserving farmland and promoting sustainable agricultural practices. These easements discourage development on agricultural lands and support the viability of farming operations. The implementation of South Carolina Environmental Restriction Easement has proven to be vital in preserving the state's natural and cultural heritage. By effectively limiting development and promoting responsible land stewardship, SCENE plays a significant role in sustaining the state's biodiversity, protecting water resources, maintaining scenic landscapes, and safeguarding historic properties.

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FAQ

To establish a prescriptive easement, there must be continued and uninterrupted use or enjoyment of the right for a period of twenty years, identity of the thing enjoyed must be proven, and use must be adverse or under claim of right. Horry County v. Laychur, 315 S.C.

In South Carolina, there are two general types of easements: expressed and implied. Express easements are written and created by contract, deed or another kind of writing. South Carolina has recognized easements by implication.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

The income tax credit is equal to twenty-five percent of the amount of a charitable deduction resulting from the donation of a conservation easement. The twenty-five percent credit is subject to several caps. First, the credit may not exceed $250 per acre.

You technically have the right to deny an easement Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.

Most Used Easement: Express Easement An express easement is typically conveyed via deed or other writing, which governs the terms of the easement.

To establish a prescriptive easement, there must be continued and uninterrupted use or enjoyment of the right for a period of twenty years, identity of the thing enjoyed must be proven, and use must be adverse or under claim of right. Horry County v. Laychur, 315 S.C.

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.

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These may include appraisals, title insurance, attorney fees, environmental site assessments, and in some cases a new survey of the land. Most land trusts will ... (7) "Conservation easement" means an interest in real property as defined in Chapter 8 of Title 27, the South Carolina Conservation Easement Act of 1991.WHEREAS, Grantor is the owner in fee simple of certain real property ["real property" includes surface waters and wetlands, any interest in submerged lands, ... With certain limitations, the Act provides a state income tax credit for voluntary donations of land for conservation and for conservation easements that ... Conservation easements are a voluntary, legally binding agreement between a landowner and a land trust. This application must be accompanied by: Electronic drawings showing the location and dimensions of the easement and bearing the date, name, signature, RLS ... Jan 22, 1999 — If any court of competent jurisdiction determines that any provision of this environmental land use restriction and grant of easement is invalid ... by J Steele — The South Carolina Conservation Easement Act of 1991 clarifies the requirements and validity of conservation easements and grantee ... Aug 6, 2014 — WHEREAS, the Property is subject to covenants, restrictions, easements and other rights and obligations under the terms and conditions of this ... by L Van Sant · 2021 · Cited by 9 — Conservation easements, voluntary legal agreements whereby a landowner forfeits some of his or her land development rights in exchange for ...

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South Carolina Environmental Restriction Easement