Philadelphia Pennsylvania Grant of Conservation Right and Easement

Name: Philadelphia Pennsylvania Grant of Conservation Right and Easement
Brand: US Legal Forms
Rating: 4.79 (275 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Philadelphia

Control #:

US-134048BG

Format:

Instant download

Description

In contrast to traditional notions of easements or covenants, restrictions on property by definition, the Conservation Right is an affirmative right on the environmental heritage, or the ´attributes and functions of such heritage that derives from a particular property.

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FAQ

The Benefits of a Conservation Easement Protect open space or critical habitat on your land whether it's a family farm or ranch, wetland, pasture or forestfrom encroaching development. Preserve the agricultural value and traditional uses of your land by allowing for continued farming, ranching and timber harvesting.

A voluntary conservation easement is a legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values. It allows you to continue to own and use your land, as well as sell it or pass it on to heirs.

If a conservation easement is voluntarily donated to a land trust or government agency, and if it benefits the public by permanently protecting important conservation resources, it can qualify as a charitable tax deduction on the donor's federal income tax return.

Cons: A conservation easement is typically perpetual. A future owner or your heirs may not have the same affinity for conservation as you do. The future value of the property will likely be diminished as a result of the restrictions of the easement. Not all land will qualify for a conservation easement.

Conservation easements are valuable to investors when created through tax-deductible donations. You see, if you own land, you can donate a portion of it to be used as a conservation easement and it counts as a charitable deduction.

Landowners may view their role as a steward of the land and their autonomy in managing their land as necessary and sufficient for protecting the vast ecosystem services provided on their land.

A conservation easement, in its original, legitimate form, is granted when a landowner permanently protects pristine land from development. In that scenario, the public enjoys the benefit of undeveloped land and the taxpayer gets a charitable deduction.

The Enhanced Conservation Easement Tax Deduction A landowner can deduct 50% of his or her income and carry forward for 15 years. This gives a donor a total of 16 years to absorb the value of a donated conservation easement. There are also enhanced benefits for farmers and ranchers.

Yes, any family member which is related to the original covenant holder, at least to the fourth degree of civil reckoning, can build a home and live on the land (up to 5 acres) enrolled in a Conservation Use Covenant, without penalty during the life of the original covenant.

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The agreement limits certain uses on all or a portion of a property, while keeping the property in the landowner's ownership and control.

Philadelphia Pennsylvania Grant of Conservation Right and Easement

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