South Carolina Deed of Conservation Easement

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Multi-State
Control #:
US-EAS-5
Format:
Word; 
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Description

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.
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FAQ

Homestead Property Exclusion / Exemption The State of North Carolina excludes from property taxes a portion of the appraised value of permanent residents owned and occupied by North Carolina residents aged 65 or older or totally and permanently disabled whose 2022 income does not exceed $33,800 annually.

Tax Relief Programs Elderly or Disabled Homestead Exemption. ... Elderly or Disabled Property Tax Deferral (Circuit Breaker) ... Disabled Veteran Homestead Exclusion. ... Present-Use Value Assessment. ... Builder Property Tax Exemptions. ... Historic Property Deferral.

North Carolina Income Tax Credits A landowner may receive a tax credit up to 25 percent of the value of the donated interest in the land (up to a maximum credit of $25,000 for individuals and $500,000 for corporations). The credit may be carried for five succeeding years on their state income taxes until it is used up.

Yes. That said, the landowner should contact ESLT before conveying the easement by will to ensure that ESLT will accept the donation. If the easement qualifies under federal tax law, its value is subtracted from the landowner's taxable estate, reducing estate taxes for heirs.

A conservation easement is a legal agreement used to permanently protect a property from residential and commercial development. In legal terms, it is the granting of the conservation values of a property to a land trust so that they may protect and steward those values along with the landowner.

Form 8283, Noncash Charitable Contributions, which must be filed by individual taxpayers who claim itemized deductions for donations of easements.

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.

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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South Carolina Deed of Conservation Easement