
	Where results make sense

Topic: Easement

Related Topics

Real property

Adverse possession

Torrens title

Personal property

Nuisance

Profit a prendre

Contract

Abandonment

Real Estate

Escheat

Commentaries on the Laws of England

Free market

Side stroke

Common law

Sewer

In the News (Wed 25 Nov 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	Easement - Wikipedia, the free encyclopedia
		An express easement may be "granted" or "reserved" and is typically included in a document such as a deed or other officially recorded document, or incorporated by reference to a subdivision plan by "dedication", or in restrictive covenants in an owners' association agreement.
		Easements may be acquired by the government using its power of "eminent domain" in a "condemnation" proceeding in the courts.
		Easements by prescription, also called prescriptive easements, are implied easements that give the easement holder a right to use another person's property for the purpose the easement holder has used the property for a certain number of years, which varies from state to state.
	en.wikipedia.org /wiki/Easement (3086 words)

	Conservation easement - Wikipedia, the free encyclopedia
		The primary purpose of a conservation easement is to protect agricultural land, timber resources, and/or other valuable natural resources such as wildlife habitat, clean water, clean air, or scenic open space by separating the right to subdivide and build on the property from the other rights of ownership.
		Landowners who donate a "qualifying" conservation easement to a "qualified" land protection organization under the regulations set forth in 170(h) of the Internal Revenue Code may be eligible for a federal income tax deduction equal to the value of their donation.
		When a landowner donates an easement meeting these IRS rules, they may deduct the value of the gift at the rate of up to 30% of their adjusted gross income per year (in certain cases the donor may be required to or may elect to deduct the donation at a 50% rate).
	en.wikipedia.org /wiki/Conservation_easement (820 words)

	Easement - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-10-12)
		An appurtenant easement is one that belongs to the owner of the land that benefits from the easement, as compared to a other easements (easements in gross) that do not require ownership to obtain the use.
		An express easement is typically included in a document such as a deed or other officially recorded grant, or incorporated by reference to a subdivision plan, or restictive covenants in an association agreement.
		If the use is hostile, the period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (the statute of limitations on trespass).
	www.eastcleveland.us /project/wikipedia/index.php/Easement (1426 words)

	Easement Program
		A preservation easement is a means whereby an owner of real property, whether land or structures, having special historic architectural or archaeological significance, can restrict the use of the property so as to maintain and preserve that significance in perpetuity.
		An easement may be accepted on property in its present condition or on a property that the owner plans to rehabilitate, in which case the plans for the rehabilitation become part of the easement agreement.
		Federal tax benefits apply only where the easement donation is made to a “qualified organization,” which is defined as a governmental body or a charitable organization which has the resources to enforce the restrictions and which can demonstrate a commitment to protect the conservation purposes of the easement.
	www.mainepreservation.com /Easements/index.shtml (2084 words)

	Protection by Conservation Easement
		A conservation easement (39 Ill. Rev Statutes 401) is a way for a landowner to voluntarily place permanent restrictions on future use of his or her land, thereby protecting its particular natural attributes.
		Conservation easement enabling legislation allows a property owner to dedicate an easement to a unit of local government, or to a non-profit agency incorporated for conservation purposes.
		In McHenry County the typical receivers of conservation easements tend to be municipalites, the McHenry County Conservation District, the Illinois Nature Preserves Commission, and the Land Conservancy of McHenry County.
	www.conservemc.org /lndeas.html (998 words)

	FAQ - Easement
		Easement documents are designed to be clear and enforceable far into the future--when a new landowner may not want to respect its provisions.
		Although most landowners are interested in Conservation Easements because they wish to protect their family's land from future development or fragmentation, the main incentive for voluntary land conservation using a Conservation Easement is the tax benefits.
		Alabama law requires that the purpose of a Conservation Easement be for maintaining land in a natural, scenic, or open-space condition, for wildlife habitat, for agricultural, recreational, or open-space use, or for conserving buildings or other aspects of historic, archaeological, paleontological, or cultural value.
	www.conservationsoutheast.com /FAQ.htm (1041 words)

	The Pacific Forest Trust
		A conservation easement is a voluntary legal agreement that permanently restricts specified activities on a piece of property, in order to protect conservation values such as forest ecosystems, wildlife habitat, biodiversity, water quality, open space and carbon sequestration.
		The conservation easement needs to be carefully drafted to ensure it accurately reflects which rights the landowner wants to restrict or give up entirely, and which ones he or she wants to retain.
		In creating a conservation easement the landowner usually bears the costs of natural resource, legal or tax professionals consulted; necessary resource inventories and mapping; and, if the easement is a donation, the appraisal to substantiate the value of a charitable tax deduction.
	www.pacificforest.org /services/faqs.html (3192 words)

	Model Easement
		A conservation easement is at heart a document in which a landowner agrees to restrict the use of his property for conservation purposes, and gives to someone else, such as a land trust, the right to make sure that the restrictions are abided by.
		Furthermore, the easement must provide that if the property is taken by eminent domain, or the easement is extinguished through “changed circumstances”, the donee (the land trust) will receive the proportion of any sale proceeds that correspond to the proportionate value of the easement at the time the easement was donated.
		This conservation easement may be amended upon the written consent of Grantee and Grantor; provided that no amendment may alter the restrictions on use or permitted structures, nor shall it allow subdivision that is inconsistent with the purposes of this conservation easement, nor shall it in any way limit the perpetual duration of this easement.
	www.westchesterlandtrust.org /preserveyourland/model.html (5441 words)

	Conservation Easements (Site not responding. Last check: 2007-10-12)
		The easement boundary is determined by the landowner.
		Easements often apply to a small portion of the landowner's property, allowing for unrestricted use on the any remaining property.
		Easements given in perpetuity to a qualified conservation organization are eligible for federal tax deductions.
	www.cuyahogaswcd.org /ConservationEasementPage.htm (696 words)

	easement on Encyclopedia.com (Site not responding. Last check: 2007-10-12)
		EASEMENT [easement] in law, the right to use the land of another for a specified purpose, as distinguished from the right to possess that land.
		If the easement is held incident to ownership of some land, it is an easement appurtenant (e.g., the right to run a ditch through a neighbor's yard to drain your land).
		An easement may be created by express agreement of the parties, in which case it must usually be in writing (see Frauds, Statute of), or it may be implied by a court from the actions of the parties in certain circumstances.
	encyclopedia.infonautics.com /html/e1/easement.asp (406 words)

	In the News Story (Site not responding. Last check: 2007-10-12)
		A conservation easement is a legal agreement in which a landowner voluntarily limits the type and amount of development on his or her property in perpetuity.
		Following transfer of an easement, the property may be reassessed by the local taxing authority and the resulting assessment may be higher, lower or identical to the current assessed value.
		Finally, landowners who sell easements know they are contributing to the long-term water quality of their own communities as well as that of millions of people downstream.
	www.ci.nyc.ny.us /html/dep/html/news/easement.html (1533 words)

	Conservation Easement
		A conservation easement is a legal agreement between a landowner and a land trust that permanently limits uses of the land in order to protect its natural attributes.
		If an easement were established to protect a property's open space values and rural character, however, an activity such as farming would be allowed (not restricted), since farming is a land use that is perfectly compatible with those values.
		Donation of conservation easements is a popular option for landowners who are interested in the associated potential for income tax deductions, are supportive of conservation, and feel positively about making a donation if it is within their financial means to do so.
	www.wwlt.org /easement.shtml (475 words)

	PEC - Summary Tax Benefits of a Conservation Easement (Site not responding. Last check: 2007-10-12)
		A conservation easement is a legal agreement between a landowner and a land trust or government agency that permanently limits future development of the land in order to protect its conservation values.
		The primary reason landowners donate conservation easements is to preserve the natural, scenic, and historical integrity of their land forever.
		The donation of an easement is treated as a charitable gift and the value of the easement (the value of the property pre-easement minus the value of the property post-easement) may be deducted from the donor's income for purposes of calculating income taxes.
	www.pecva.org /conservation/taxsummary.asp (788 words)

	Federal Historic Preservation Tax Incentives, NPS - IRS Connection, Facade Easements (Site not responding. Last check: 2007-10-12)
		The deduction the taxpayer is entitled to is equal to the fair market value of the easement, which is generally the decrease in fair market value of the property caused by the restrictions placed on the property because of the easement.
		If the historic structure is not visible from a public way, the terms of the easement must permit regular viewing by the general public of the historic characteristics and features of the property, to the extent such viewing is consistent with the nature and condition of the property.
		When a façade easement is conveyed during the same year a qualified rehabilitated building is placed in service, the taxpayer would not be entitled to claim the portion of the rehabilitation tax credit attributable to the façade easement.
	www2.cr.nps.gov /tps/tax/IRSFacade.htm (805 words)

	DEED OF CONSERVATION EASEMENT
		This easement is to be regarded as a model document only; it may require modification for individual farms and landowners.
		It is an easement in gross and as such is inheritable and assignable in accordance with Article VI and runs with the land as an incorporeal interest in the Property, enforceable with respect to the Property by Grantee against Grantors and their personal representatives, heirs, successors and assigns.
		Grantors and Grantee shall be respectively entitled to compensation from the balance of the recovered proceeds in conformity with the provisions of paragraphs (1) and (2) (with respect to the allocation of proceeds).
	www.dnr.state.md.us /met/model.html (2218 words)

	Easement Does It
		Easement Does It All Natural Preserves: Chestnut Hill's Anglecot is one of many historic properties in the area protected by a preservation easement.
		The donation of an easement, and the terms and conditions of the easement negotiated between the two parties are recorded against the deed of property.
		Easements are another example of a successful private sector preservation tool: a voluntary, two-party agreement in which the owner of a historic property agrees to never demolish and to maintain the historic character of the property in perpetuity.
	www.citypaper.net /articles/2003-05-15/cityspace.shtml (816 words)

	What is a Conservation Easement? (Site not responding. Last check: 2007-10-12)
		A conservation easement is a voluntary agreement that allows a landowner to permanently limit the type and amount of development on their property while retaining private ownership.
		The easement is signed by the landowner (the easement donor), and the Land Trust of Virginia (the party receiving the easement), and recorded with the County Registrar of Deeds.
		Easements are flexible and easily tailored to meet a landowner's needs, for example, an easement may cover portions of a property or an entire parcel.
	www.landtrustva.org /easement_what.asp (482 words)

	The Land Trust Alliance: Conserve Your Land - Conservation Options for Landowners
		Savage Ranch, CO A conservation easement (or conservation restriction) is a legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values.
		An easement on property containing rare wildlife habitat might prohibit any development, for example, while one on a farm might allow continued farming and the building of additional agricultural structures.
		Whether the easement is donated during life or by will, it can make a critical difference in the heirs' ability to keep the land intact.
	www.lta.org /conserve/options.htm (1129 words)

	Preservation Easement Program
		The value of the easement is based on the difference between the appraised fair market value of the property prior to conveying an easement and its value with the easement restrictions in place.
		If upon inspection the easement holding organization finds that the terms of the easement have not been upheld, the owner may be held responsible for covering the costs of reversing an unacceptable treatment or face other penalties.
		According to the IRS, when an easement is donated on a property undergoing a certified rehabilitation the owner must adjust the depreciable basis to reflect the diminution in value of the building that occurs when an easement is conveyed.* This reduction may impact the amount of rehabilitation credit that an owner is allowed to take.
	www.phlf.org /services/easements/eligibility.html (1909 words)

	Easement
		Easement - An easement is a right granted by a property owner to another person allowing some land to be set aside for certain purposes, or it may be a property right reserved by a former owner.
		Easements are commonly granted for pipelines, telephone cables, access roads, power lines, and the like.
		An Easement in Gross, normally obtained, say, to bring in a telephone line, must be described in the deed in order to pass with title.
	www.keepyourpaymentlow.com /easement.htm (228 words)

	CONSERVATION EASEMENT
		As a qualified recipient of this Conservation Easement, the Conservancy is committed to preserving the Conservation Values of the Property and upholding the terms of this Conservation Easement.
		If the Conservancy determines that this Conservation Easement is, or is expected to be, violated, and the Conservancy’s good-faith and reasonable efforts to notify the Owner are unsuccessful, the Conservancy may pursue its lawful remedies to mitigate or prevent harm to the Conservation Values without prior notice and without awaiting the Owner’s opportunity to cure.
		This Conservation Easement is established for conservation purposes pursuant to the Internal Revenue Code, as amended at Title 26, U.S.C.A., Section 170(h)(1)-(6) and Sections 2031(c), 2055, and 2522, and under Treasury Regulations at Title 26 C.F.R. et seq, as amended.
	www.rvlt.org /RVLTeasementOct2004.html (3747 words)

	Duhaime's Canadian Law Dictionary : E (Site not responding. Last check: 2007-10-12)
		For every easement, there is a dominant and a servient tenement.
		Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way).
		Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well.
	www.duhaime.org /dictionary/dict-e.aspx (1886 words)

	Wildlife Land Trust \|\| Donating a Conservation Easement
		A sanctuary property protected by a conservation easement may still be sold by you or left to your family or to others in your will, but the easement remains permanently in force and will be permanently monitored by our Trust, regardless of who owns your property in the future.
		In addition, the $200,000 value of the easement (i.e., the value of the development rights) is no longer part of your estate and is no longer subject to estate or inheritance taxes.
		To qualify, the conservation easement you donate to The Wildlife Land Trust must (1) be for land that has been owned by you or a member of your family for at least three years before your death, and (2) be donated by you or by an immediate family member.
	www.wlt.org /donating_easement.asp (679 words)

Try your search on: Qwika (all wikis)