Broward Florida Grant of Conservation Right and Easement

Name: Broward Florida Grant of Conservation Right and Easement
Brand: US Legal Forms
Rating: 4.79 (275 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Broward

Control #:

US-134048BG

Format:

Instant download

Description

In contrast to traditional notions of easements or covenants, restrictions on property by definition, the Conservation Right is an affirmative right on the environmental heritage, or the ´attributes and functions of such heritage that derives from a particular property.

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FAQ

Conservation easements are valuable to investors when created through tax-deductible donations. You see, if you own land, you can donate a portion of it to be used as a conservation easement and it counts as a charitable deduction.

A conservation easement lowers the property value and, correspondingly, estate taxes. In some cases, a conservation easement may drop the value of the estate below the threshold for estate taxes altogether. Heirs can exclude 40% of the value of land under conservation easement from estate taxes.

A conservation lot is parcel of land that has a conservation easement on the property. It restricts the use of the property to protect the environmental integrity of the land. This easement is perpetual meaning that when the lot is sold this easement goes with it on the property.

An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).

A common example of a right-of-way easement is one where a landowner cannot access a public road without crossing the property of another landowner. In these situations, courts will usually find a right-of-way by necessity. This allows a party to cross another's land at the closest point to a public highway.

Landowners and other individuals create easements in a number of ways. An express easement is a formal way of creating this right and requires a written agreement. The contract must be signed by both parties involved and are usually recorded on the property deeds.

Under the Land Titles Act, an easement is a legal interest that generally has to be registered or it will not pass any interest in the land.

A conservation easement is a voluntary, legally binding agreement between a landowner and a government or nongovernment conservation organization that keeps land in agricultural and/or open space uses. The agreement is customized to meet the landowner's objectives and, in most cases, is perpetual.

If you own an historic building or an archaeological site, you can play an active role in its preservation by placing a conservation easement on your property. A conservation easement offers property owners flexibility in land management while at the same time protecting some of Florida's history.

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Easements are granted in perpetuity, meaning that all future owners of the land must respect the uses set forth in the document. WHEREAS, this easement is a conservation easement, which, as referred to in Florida Statute § 704.06(1)-.

Broward Florida Grant of Conservation Right and Easement

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