West Virginia Deed of Conservation Easement

State:
Multi-State
Control #:
US-EAS-5
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

Conservation easements offer effective and flexible protection, and are one of the most frequently used tools for conserving private land. This voluntary legal agreement protects the land by permanently limiting some uses that would compromise the conservation values or the landowners' goals for the property. Conservation Easement - California Council of Land Trusts calandtrusts.org ? conservation-tools ? conse... calandtrusts.org ? conservation-tools ? conse...

ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

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.

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.

You might be able to negotiate directly with your neighbor to get an easement. This might include paying your neighbor a fee to allow you to access the land. Be sure, though, to never rely on a verbal or handshake agreement. Instead, sign legal documents to make the easement official.

An explicit easement requires proof of some form of writing ? for example, an act ? with the servitude described in specific terms. Other requirements to prove an easement by deed include signatures, a certificate of confirmation, and registration of the deed in the county where the property is located. Wv Easement Laws - Marketing Advisory Services marketingadvisoryservices.com ? wv-easem... marketingadvisoryservices.com ? wv-easem...

CONSERVATION EASEMENT Conservation easements are unique to each property, meaning they address site-specific conservation values and are tailored to meet the individual goals of landowners. Protect Your Land ? WV Land Trust West Virginia Land Trust ? protect-your-land West Virginia Land Trust ? protect-your-land

A conservation easement protects land primarily by limiting the number of times the property can be subdivided. However, depending on the size and nature of the property, and the conservation values being protected, landowners often can retain the right to exercise one or more subdivisions. Conservation Easements - Virginia Department of Forestry virginia.gov ? forestland-conservation ? conse... virginia.gov ? forestland-conservation ? conse...

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West Virginia Deed of Conservation Easement