New Hampshire Conservation Easement

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Multi-State
Control #:
US-EAS-11
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Word; 
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Description

This is a sample form for use in transactions involving easements, a Conservation Easement. Easement to preserve undeveloped open space and property listed with the National Register of Historical Places.
A New Hampshire Conservation Easement is a legal agreement between a landowner and a conservation organization or government agency. It is designed to protect natural, scenic, agricultural, or historic resources, ensuring their long-term preservation for future generations. This conservation tool restricts certain types of land use or development while still allowing the landowner to retain ownership of the property. Conservation easements in New Hampshire come in various forms, each catering to specific conservation goals and priorities: 1. Scenic Easements: These focus on preserving the visual beauty of a specific area, such as a scenic overlook or a picturesque landscape. Landowners agree to limit development or other activities that could compromise the scenic character of the land. 2. Working Forest Easements: To encourage sustainable forestry practices, working forest easements restrict activities that would harm forests' ecological integrity or timber production potential. They maintain the land's viability for commercial timber harvesting while safeguarding its ecological health. 3. Agricultural Easements: These protect prime agricultural lands from future development, ensuring their availability for farming, horticulture, or animal husbandry. Landowners commit to maintaining the agricultural character of the land by refraining from converting it into non-agricultural uses. 4. Natural Resource Easements: These conservation easements are aimed at safeguarding natural resources, such as wetlands, wildlife habitats, or riparian zones. They prohibit activities that could degrade these critical ecosystems, ensuring their protection and promoting biodiversity. 5. Historic Preservation Easements: These easements strive to protect historically significant landmarks, buildings, or cultural sites. Landowners agree to preserve the historical integrity of the property, limiting alterations or destructive renovations that would compromise its heritage value. Conservation easements benefit both landowners and the broader community. Landowners receive financial incentives, such as income tax deductions or estate tax benefits, for dedicating their land to perpetual conservation. Additionally, these easements contribute to maintaining local ecosystems, wildlife habitats, water quality, scenic vistas, and cultural heritage, yielding invaluable ecological, aesthetic, and recreational benefits for all residents and visitors of New Hampshire. For those interested in establishing a New Hampshire Conservation Easement, it is advisable to consult with a qualified land trust or conservation organization that can provide guidance, assess the property's conservation value, and ensure compliance with legal requirements.

A New Hampshire Conservation Easement is a legal agreement between a landowner and a conservation organization or government agency. It is designed to protect natural, scenic, agricultural, or historic resources, ensuring their long-term preservation for future generations. This conservation tool restricts certain types of land use or development while still allowing the landowner to retain ownership of the property. Conservation easements in New Hampshire come in various forms, each catering to specific conservation goals and priorities: 1. Scenic Easements: These focus on preserving the visual beauty of a specific area, such as a scenic overlook or a picturesque landscape. Landowners agree to limit development or other activities that could compromise the scenic character of the land. 2. Working Forest Easements: To encourage sustainable forestry practices, working forest easements restrict activities that would harm forests' ecological integrity or timber production potential. They maintain the land's viability for commercial timber harvesting while safeguarding its ecological health. 3. Agricultural Easements: These protect prime agricultural lands from future development, ensuring their availability for farming, horticulture, or animal husbandry. Landowners commit to maintaining the agricultural character of the land by refraining from converting it into non-agricultural uses. 4. Natural Resource Easements: These conservation easements are aimed at safeguarding natural resources, such as wetlands, wildlife habitats, or riparian zones. They prohibit activities that could degrade these critical ecosystems, ensuring their protection and promoting biodiversity. 5. Historic Preservation Easements: These easements strive to protect historically significant landmarks, buildings, or cultural sites. Landowners agree to preserve the historical integrity of the property, limiting alterations or destructive renovations that would compromise its heritage value. Conservation easements benefit both landowners and the broader community. Landowners receive financial incentives, such as income tax deductions or estate tax benefits, for dedicating their land to perpetual conservation. Additionally, these easements contribute to maintaining local ecosystems, wildlife habitats, water quality, scenic vistas, and cultural heritage, yielding invaluable ecological, aesthetic, and recreational benefits for all residents and visitors of New Hampshire. For those interested in establishing a New Hampshire Conservation Easement, it is advisable to consult with a qualified land trust or conservation organization that can provide guidance, assess the property's conservation value, and ensure compliance with legal requirements.

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FAQ

A conservation easement is a voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values. Also known as a conservation restriction or conservation agreement, a conservation easement is one option to protect a property for future generations.

The court's ruling was based on, ?upon the principle that, by using the easement, both the dominant and servient estates contribute to its wear and deterioration and, therefore, distribution of the burden of easement maintenance and repair between both estates is equitable and just?.

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.

Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.

An easement is the legal right to use the land owned by someone else. A common easement is an area people are allowed to cross over to reach a destination. If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land.

Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.

A conservation easement is a legally binding agreement between a landowner and the easement holder that restricts use of the land subject to the terms of the easement.

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• The expected time frame to complete the project. • Costs that will be ... NH Association of Conservation Commissions at 224-7867 or http://www.nhacc ... The Easement hereby granted is pursuant to NH RSA 477:45-47, and in compliance with the New Hampshire Aquatic Resources Mitigation Fund Final In-lieu Fee ...The New Hampshire Attorney General considers any perpetual conservation easement ... amendments is for the easement holder to write a letter addressed to: Office ... According to New Hampshire state law, conservation easements can be held by a ... To help cover the costs of insuring your wishes for the future of your land ... Mar 13, 2022 — To conserve key natural resource areas in our New Hampshire communities and connect them within a permanently protected network of greenways ... SELT is a 501(c)(3) non-profit conservation organization and is eligible to hold conservation easements. Property ownership brings with it inherent rights, ... Although some funding may be found to pay you for a conservation easement and/or to cover the associated costs, this should be hoped for rather than expected, ... Aug 26, 2022 — To fill out an AD 1026, which ensures a conservation plan is in place before lands with highly erodible soils are farmed. It also ensures ... The Piscataquog Land Conservancy (PLC) is a private, non-profit land conservation organization in the Merrimack valley of southern New Hampshire. property, New Hampshire law requires towns to assess land subject to a conservation easement based upon the more limited uses allowed by the easement, and ...

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New Hampshire Conservation Easement