West Virginia Environmental Restriction Easement

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

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.

West Virginia Environmental Restriction Easement is a legal agreement between a landowner and a government entity or conservation organization that serves to protect and preserve the ecological and environmental qualities of a specific property. This easement places certain restrictions on the land's use, preventing certain activities that may harm the natural resources and ecosystems present on the property. The purpose of a West Virginia Environmental Restriction Easement is to ensure the long-term conservation of the land, including its wildlife habitats, water resources, forests, farmland, scenic views, and historical sites. By voluntarily entering into this agreement, landowners play a crucial role in safeguarding and maintaining the state's natural heritage for future generations. There are several types of West Virginia Environmental Restriction Easements, each tailored to the specific needs and characteristics of the protected land: 1. Conservation Easements: Conservation easements focus on preserving the natural resources and ecological values of a property. These easements often prohibit activities such as land development, commercial logging, mining, and certain agricultural practices that could degrade the environment. 2. Agricultural Easements: Agricultural easements aim to protect farmland and ensure the continuity of farming operations. These easements may include restrictions on subdividing or converting the land to non-agricultural uses. 3. Scenic Easements: Scenic easements focus on preserving the visual aesthetics and scenic beauty of a property. These easements may restrict activities that obstruct or detract from the natural landscapes, views, and vistas. 4. Water Resource Easements: Water resource easements aim to protect streams, rivers, wetlands, and other water bodies on the property. These easements may regulate activities such as construction near waterways, pollutant runoff, and alteration of natural watercourses. 5. Historic Preservation Easements: Historic preservation easements focus on safeguarding historic buildings, structures, and cultural landscapes. These easements may prevent alterations or demolitions that could compromise the historical integrity of the property. Landowners who choose to establish a West Virginia Environmental Restriction Easement typically work closely with government agencies or land trusts specialized in conservation initiatives. These organizations provide guidance, expertise, and resources to ensure the successful implementation and enforcement of the easement. In conclusion, a West Virginia Environmental Restriction Easement is a legally binding agreement that aims to protect and preserve the ecological, agricultural, scenic, water resources, and historical qualities of a property. This conservation tool offers multiple types of easements, each tailored to address specific conservation objectives and land characteristics. Through these easements, West Virginia continues to prioritize the long-term sustainability and environmental stewardship of its natural heritage.

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Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

(a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

You might be able to negotiate directly with your neighbor to get an easement. This might include paying your neighbor a fee to allow you to access the land. Be sure, though, to never rely on a verbal or handshake agreement. Instead, sign legal documents to make the easement official.

An explicit easement requires proof of some form of writing ? for example, an act ? with the servitude described in specific terms. Other requirements to prove an easement by deed include signatures, a certificate of confirmation, and registration of the deed in the county where the property is located.

CONSERVATION EASEMENT Conservation easements are unique to each property, meaning they address site-specific conservation values and are tailored to meet the individual goals of landowners.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

A conservation easement protects land primarily by limiting the number of times the property can be subdivided. However, depending on the size and nature of the property, and the conservation values being protected, landowners often can retain the right to exercise one or more subdivisions.

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When you have decided you are interested in placing a conservation easement on your property, visit the website at www.wvfp.org and find the farmland protection ... A conservation easement is a voluntary contract between a landowner and a land trust or government agency in which the owner places permanent restrictions ...After signing a conservation easement, the document is recorded in a county ... Protect your special place forever by filling out the Land Preservation ... Grantor shall record this. Declaration in the Land Records of the county or counties where the Property is located within sixty (60) days of the effective date ... NOW, THEREFORE, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, and in consideration of the terms, ... West Virginia courts have applied the more restrictive natural flow rule only in cases involving flooding or pollution. Given the changing patterns of ... A right of way project normally follows steps which begin when the project is placed on the WVDOH's schedule and ends when the project is certified clear for ... Feb 12, 2021 — (2) If an easement in gross, public-utility easement, conservation easement, or negative easement, the grantee of the easement or a successor. (d) An interest in real property in existence at the time a conservation or preservation easement is created, including an unrecorded lease for the production ... Sep 20, 2021 — Proof of an Easement in WV Commercial Real Estate​​ Other requirements to prove an easement via deed include signatures, a certificate of ...

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West Virginia Environmental Restriction Easement