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.
Indiana Deed of Conservation Easement
State:
Multi-State
Control #:
US-EAS-5
Format:
Word;
Rich Text
Instant download
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How to fill out Deed Of Conservation Easement?
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FAQ
An easement deed will take priority ing to the time of its filing. Easement deeds in Indiana should be recorded with the county recorder in the county where the property is located.
Land reserved for pedestrian and vehicle traffic or utilities is in the public right-of-way. You need a permit, and sometimes an inspection, for any use, restriction, or excavation of the public right-of-way. These include streets, alleys, and sidewalk areas.
Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
Conservation easements allow donors to place permanent restrictions on the use of their lands while still retaining ownership. The restrictions in a conservation easement remain with the property, no matter who owns it in the future.
Thus, a party claiming the existence of a prescriptive easement must show evidence of (1) control; (2) intent; (3) notice; and (4) duration before a prescriptive easement is deemed existing.
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.