Deed of Conservation Easement
What this document covers
The Deed of Conservation Easement is a legal document designed to limit certain uses of land in order to protect its scenic, natural, open space, historical, educational, or recreational values. Unlike standard easements that may grant access for utilities or other uses, this specific easement focuses on preserving the conservation values of a property, thereby promoting long-term environmental sustainability and preventing developments that could harm these values.
Form components explained
- Description of conservation values being protected.
- Grantor and Grantee identification and their respective rights and responsibilities.
- Provisions for monitoring compliance and access to the property.
- Remedies and enforcement actions for violations of the easement.
- Cost responsibilities related to ownership and maintenance of the property.
- Procedures for extinguishing the easement and handling condemnation issues.
Common use cases
This form should be used when a property owner wishes to preserve specific conservation values of their land. Typical scenarios include landowners who want to ensure the protection of unique ecosystems, historical sites, or scenic vistas from future development, as well as cases where environmental groups aim to secure protective measures over land they hope to conserve for public benefit.
Who needs this form
- Property owners seeking to protect their land's conservation values.
- Organizations or entities dedicated to environmental conservation.
- Developers or investors interested in ensuring that their land use aligns with environmental goals.
- Government entities managing public land that wish to establish conservation easements.
Steps to complete this form
- Identify and include the full names and contact information of the Grantor (property owner) and Grantee (the party benefiting from the easement).
- Provide a detailed description of the property being encumbered by the easement, including its boundaries and any specific features of interest.
- Clearly outline the conservation values being protected and any limited land uses that will be allowed.
- Include terms related to monitoring compliance, enforcement actions, and remedies for any violations of the easement.
- Review the document for legal requirements, including any necessary signatures and indications of compliance with state laws.
Notarization requirements for this form
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to specify the conservation values clearly.
- Not accurately describing the property boundaries or features.
- Overlooking state-specific regulations regarding easements.
- Neglecting to detail monitoring and enforcement procedures.
Why complete this form online
- Convenience of downloading the form at any time.
- Editability allows users to customize the document as needed.
- Reliability ensured by forms drafted by licensed attorneys.
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FAQ
One big advantage of buying a home or land with an easement is that it could result in major savings. Conservation land is restrictive by nature, and that's often a big sticking point for buyers. But if you're willing to deal with those restrictions, it could be a good way to buy land or property on the cheap.
The easement places limits on land use to help conserve the property's features. With an easement, the landowner still owns the land and can continues to live on and use it, restrict public access to it, and sell, give or pass the property on to whomever they wish.
When a conservation easement is placed on a property, it typically lowers the property's value for federal estate tax purposes and may decrease estate tax liability. Therefore, easements may help heirs avoid being forced to sell off land to pay estate taxes and enable land to stay in the family.
In a conservation easement, a landowner voluntarily agrees to sell or donate certain rights associated with his or her property often the right to subdivide or develop and a private organization or public agency agrees to hold the right to enforce the landowner's promise not to exercise those rights.
An easement is an interest in a real estate property or parcel of land.Essentially this means that someone other than you could have access to the land. This isn't necessarily a bad thing.
Conservation easements are a great idea, in theory. Here's the way they work. Basically, if you are willing to donate your property for the public good, and that donation reduces the value of your property, you get to take a tax deduction equal to the reduction in the value of your property.
When you create a conservation easement, you may lose access to certain rights. While you'll likely retain certain surface rights like farming and ranching, development is almost always limited.
