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Nine Essential Property Easement Agreement Considerations. Legal Description of Properties. Depiction of the Easement Area. Covenant Not to Disturb the Use of the Easement. Determination of Maintenance Obligations. Payment of Property Taxes.
Agricultural Conservation Easements. A conservation easement is a deed restriction landowners voluntarily place on their property to protect resources such as productive agricultural land, ground and surface water, wildlife habitat, historic sites or scenic views.
Affirmative agricultural easements are one of several different legal tools to help farmers balance goals of: 1) generating revenue for farming or retirement; 2) making their land more affordable to future farmers; 3) keeping their farmland in farming; and 4) maintaining a treasured legacy of sustainable farm
Agricultural land is typically land devoted to agriculture, the systematic and controlled use of other forms of lifeparticularly the rearing of livestock and production of cropsto produce food for humans. It is generally synonymous with both farmland or cropland, as well as pasture or rangeland.
Secure land tenure Land ownership must eventually be part of the package of farming, so a farmer can put up buildings and infrastructure to support production and build equity in an appreciating long-term asset.
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.
We lead the National Agricultural Land Network that supports private agricultural land trusts that hold easements, and state, regional, and local programs that fund farmland protection. We protect agricultural land ourselves, acquiring and holding easements where that makes strategic sense.
There must be a dominant and a servient tenement; The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit; The dominant and servient owners must be different persons; The right claimed must be capable of forming the subject-matter of a grant.
A property easement is generally written and recorded with the local assessor's office. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it.