Tennessee 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.

Tennessee Environmental Restriction Easement (WERE) is a legal agreement that aims to protect and preserve the natural resources and environmental quality in the state of Tennessee. It is a voluntary program that encourages landowners to commit to specific environmental restrictions on their property in exchange for various benefits and incentives. WERE serves as a conservation tool to prevent detrimental activities that could harm ecosystems, wildlife habitats, water quality, and other fragile environmental features. It helps promote sustainable land use practices and ensures the long-term conservation of Tennessee's natural beauty and resources. There are several types of Tennessee Environmental Restriction Easements: 1. Conservation Easement: This type of easement focuses on protecting open space, forests, farmland, or ecologically significant areas from development or harmful practices. It prohibits activities that could degrade the natural habitat or impair the ecological balance. 2. Historic Preservation Easement: This easement is designed to preserve historical buildings, structures, or archaeological sites. It prevents alterations or modifications that could compromise the historical integrity of the property. 3. Scenic Easement: Scenic easements protect the aesthetic values of Tennessee's landscapes, such as scenic vistas, roadways, or natural landmarks. They restrict actions that could diminish the scenic beauty or obstruct the views. 4. Riparian Easement: Riparian easements focus on protecting water bodies and their associated vegetation and wildlife habitats. They prevent activities that could contribute to erosion, sedimentation, or contamination of water resources, such as construction near waterways or excessive use of fertilizers near streams. 5. Conservation Right of First Refusal: This type of easement allows a qualified organization or agency to acquire the property if the landowner decides to sell. It ensures that the property is not sold for development purposes but rather remains under conservation management. Tennessee Environmental Restriction Easements are crucial in safeguarding the state's natural treasures, supporting wildlife habitats, preserving historical sites, and maintaining scenic beauty for future generations. They provide landowners an opportunity to be stewards of the environment and contribute to the broader conservation goals of Tennessee.

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FAQ

Public easements were primarily created to benefit the public. Usually, in this case, the easement holder is a utility company or local government. Designated use for the land could be sidewalks, roadways, parks, or waterlines.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

This easement of way is a private property right that exists in addition to the right to use the street in common with the general public. This easement extends along any street or alley upon which the owner's property abuts, in either direction, to the next intersecting street.

The easement or right-of-way shall belong to the owners of the lands benefited by the easement or right-of-way, and continue as long as the easement or right-of-way is used and maintained by them, their heirs or assigns, but upon the easement or right-of-way falling into nonuse or when the easement or right-of-way is ...

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

Gates or fencing that restricts access to the subservient land may not be erected. In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15').

Real Property - As enacted, restricts the width of a private easement or right-of-way to 25 feet; authorizes the court to award attorney fees to the defending landowner in an action for an easement or right-of-way brought by a private person owning land obstructed entirely from a public road by the intervening land of ...

Easement deeds and other real property instruments in Tennessee are required to be recorded in the register of deeds office in the county where the property is located.

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[NOTE: Include the following recital for a permittee-responsible compensatory mitigation project.] D. Grantor has agreed to make the Protected Property subject ... Except as permitted under the ARAP, there shall be no filling, excavating, dredging, mining, drilling, removal of topsoil, sand, gravel, rock, minerals or other ...Under a conservation easement, landowners may retain the rights to: Own and live on the land; Sell the property or transfer it to heirs; Farm, manage timber, ... Aug 11, 2020 — With that in mind, here's what you need to know about utility easements in Tennessee before reaching out to a real estate attorney. Description. Conservation easements are voluntary agreements that allow individuals or groups to limit the type or amount of development on their property. Start by reading this list of guidelines and restrictions, then follow the link to our online Application for Use of TVA Easements. If you have any questions, ... A conservation easement is a voluntary legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in ... If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including actions to ... A permanent conservation easement is a legal agreement by which landowners voluntarily place restrictions on the future use or development of their property. The register of deeds shall record the commissioner's statement in the deed books and index it on the grantor index in the names of the owners of the land as ...

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Tennessee Environmental Restriction Easement