New York Warranty Easement Deed For Conservation of Wetlands

State:
Multi-State
Control #:
US-EAS-14
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Warranty Easement Deed for Wetlands. Used to restore, protect, manage, maintain, and enhance the functional values of wetlands and other lands, and for the conservation of natural values including fish and wildlife and their habitat, water quality improvement, flood water retention, groundwater recharge, open space, aesthetic values, and environmental education.
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FAQ

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.

In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.

The second type of easement is easement by necessity. This type of easement typically only grants a person the right to travel through another's land only. To receive an easement by necessity, the requesting party must prove a ?severance of the unity of title.?

Terminating An Easement in 2021 Abandonment. Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate. ... Merger. An easement, once granted, may be ended by a merger. ... End of Necessity.

The Conservation Easement Tax Credit (CETC) offers New York State taxpayers an annual income tax credit of 25% on their school district, county, and town property taxes up to $5,000. If a landowner's tax credit exceeds the amount he or she owes in state income taxes, the landowner receives a payment for the difference.

A conservation easement is a voluntary, legal agreement that protects the natural resources of a parcel of land by restricting future land use and/or development on the property "in perpetuity" (permanently).

?An easement is an interest in land created by grant or agreement, express or implied, which confers a right upon the owner thereof to some profit, benefit or dominion, or lawful use out of or over the estate of another.? Huyck v. Andrews, 113 N.Y.

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.

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New York Warranty Easement Deed For Conservation of Wetlands