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.
Deed of Conservation Easement
State:
Multi-State
Control #:
US-EAS-5
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
A Deed of Conservation Easement is a legally binding agreement between a property owner (the Grantor) and a qualified organization (the Grantee) designed to protect the conservation values of a property. This Agreement restricts certain activities on the property to ensure its natural, scenic, or historical characteristics are preserved for future generations.
Key components of the form
The Deed of Conservation Easement generally includes essential sections, such as:
- Purpose: States the intention behind the easement, focusing on protecting the property's conservation values.
- Rights of Grantee: Specifies the rights granted to the Grantee for monitoring and enforcing the easement conditions.
- Prohibited Uses: Lists activities that are not allowed on the property to maintain its conservation status.
- Reserved Rights: Describes any rights the Grantor retains concerning the property's use.
Who should use this form
This form is suitable for:
- Property owners looking to preserve their land's natural, scenic, or historical features.
- Non-profit organizations focused on land conservation.
- Governmental entities interested in protecting public lands and benefiting communities.
Common mistakes to avoid when using this form
When completing the Deed of Conservation Easement, consider avoiding the following common errors:
- Failing to accurately define conservation values.
- Omitting key restrictions or rights granted.
- Not including sufficient details in the baseline documentation section.
- Incomplete or unclear contact information for all parties involved.
What documents you may need alongside this one
To complete a Deed of Conservation Easement effectively, the following documents may be required:
- Property description and survey maps.
- Baseline documentation of conservation features.
- Tax-exempt organization verification for the Grantee.
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How to fill out Deed Of Conservation Easement?
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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.