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Topic: Easement



  
 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.
A public easement is one that grants the right to a large group of individuals or to the public in general, such as the easement on public streets and highways or of the right to navigate a river.
Easements may be acquired by the Government using the power over "Eminent Domain" in a "Condemnation" proceeding through the courts.
http://en.wikipedia.org/wiki/Easement   (2966 words)

  
 EASEMENT - LoveToKnow Article on EASEMENT
Acquisition of Easements.Easements may be acquired (a) by express grant, either by statute, or by deed inter vivos, or by will; (b) by an implied grant; (c) by express or implied reservation, e.g.
An easement arises by implied grant where a man makes one part of his tenement dependent on another, or makes the parts mutually interdependent, and grants any such part with the dependence attaching to it to another person (Innes, Law of Easements, 7th ed.
An express grant, or expressreservation, of an easement cannot be effected except by deed.
http://48.1911encyclopedia.org/E/EA/EASEMENT.htm   (499 words)

  
 Legal Advocacy at National Trust for Historic Preservation
To qualify for the tax deduction, easements must first meet the requirements of state law, including the applicable requirements of state law authorizing the granting of easements, and they must be enforceable.
A common example is an easement that is imposed as a condition for a grant of financial assistance from a state or governmental authority or a nonprofit organization.
Conservation and preservation easements are created under state law – most states have specific enabling laws that authorize the creation of conservation and preservation easements as discrete interests in real property.
http://www.nationaltrust.org/law/easements.html   (6029 words)

  
 Conservation easement - Wikipedia, the free encyclopedia
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.
In the United States, a conservation easement is an easement — a transfer of usage rights — which creates a legally enforceable land preservation agreement between a landowner and a qualified land protection organization (often called a "land trust"), for the purposes of conservation.
In accepting the conservation easement, the easement holder has a responsibility to monitor future uses of the land to ensure compliance with the terms of the easement and to enforce the terms if a violation occurs.
http://en.wikipedia.org/wiki/Conservation_easement   (840 words)

  
 easement; definition
A license, unlike an easement, may be created orally (although an easement may be created orally if supported by an act of part performance) and a license may be revoked unilaterally and, generally, at the will of the grantor.
; 25 Am.Jur.2d., Easements and Licenses, § 4).
easement is a privilege by which the servient owner may be obligated to refrain from certain uses, or actions, on the servient tenement, for the benefit of the dominant owner, e.g.
http://www.deltaalpha.com/terms/easement.html   (2185 words)

  
 Real Estate Law: Easement Basics
Easements are usually created by conveyance in a deed or other written document such as a will or contract.
Easements give an easement holder the right to use or to prevent the use of property he or she does not own or possess.
As a general rule, an easement holder has a right to do "whatever is reasonably convenient or necessary in order to enjoy fully the purposes for which the easement was granted" as long as he or she does not unduly burden the servient land.
http://www.caddenfuller.com/CM/Articles/Articles40.asp   (1710 words)

  
 HPLO - Preservation Easement Program
A preservation easement may be accepted on a property in its present condition or on a property that the owner plans to rehabilitate, in which case the plans for rehabilitation become part of the preservation easement agreement.
An easement is a legal contract by which the owner agrees the property will not be changed in a way that would compromise its historic and architectural integrity.
In Oregon, a preservation easement is legally referred to as a "Conservation Easement." The Oregon Revised Statutes, Section 271.715 (for ORS 271.715 - 271.795) is the enabling statute that recognizes the validity of such restrictions.
http://www.hplo.org/programs/easement_expanded.htm   (2137 words)

  
 The Pacific Forest Trust
As the recipient of a conservation easement, PFT is responsible for guarding against violations of the easement’s provisions.
Whereas with a conservation easement, the landowner may forgo the right to subdivide the property or to clear-cut the forest.
When PFT provides its expertise in drafting a conservation easement, the organization is typically compensated for this service by the landowner, just as attorneys or professional foresters retained by the landowner are.
http://www.pacificforest.org/services/faqs.html   (3192 words)

  
 Historic Preservation Easements, Technical Preservation Services, NPS
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.
An easement gives the organization to which it is conveyed the legal authority and responsibility to enforce its terms.
The property must be certified by the National Park Service prior to conveying the easement, or before the owner files a Federal income tax return for the year in which the easement was granted.
http://www.cr.nps.gov/hps/tps/tax/easement.htm   (1906 words)

  
 Managing Prosperity: Estate and Retirement Planning for All Ages Use of Conservation Easements in Estate and ...
Conservation easements are legal agreements that restrict the type and amount of development that may take place on a particular parcel of land.
A conservation easement is a legal agreement that a landowner makes to limit the type and amount of development on his/her property.
For example, a landowner donates a conservation easement on one-half of his/her land.
http://www.ext.vt.edu/pubs/agecon/448-094/448-094.html   (3335 words)

  
 The Land Trust Alliance: About Land Trusts
An easement may apply to just a portion of the property, and need not require public access.
Land trusts can purchase land for permanent protection, or they may use one of several other methods: accept donations of land or the funds to purchase land, accept a bequest, or accept the donation of a conservation easement, which permanently limits the type and scope of development that can take place on the land.
The land trust is responsible for enforcing the restrictions that the easement document spells out.
http://www.lta.org/aboutlt/faq.shtml   (2014 words)

  
 IM AK-00-056 - 2001 Public Easement Review Process
The use of all public easements is limited to the allowable uses reserved in the conveyance document.
A few public easements are limited to federal use or license.
Public easements¹ are rights reserved to the United States.
http://www.blm.gov/nhp/efoia/ak/2000im/im00-056.html   (4674 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.
AApproved@ means the document meets the legal requirements for a deed of easement; it does not mean approval or disapproval of the transaction.
The Terms of this Conservation Easement do not replace, abrogate or otherwise set aside any local, state or federal laws, requirements or restrictions imposing limitations on the use of the Property.
http://www.dnr.state.md.us/met/model.html   (2218 words)

  
 Easement Deeds
Once you have your temporary easement deed, it is always a good idea to notarize it and then file it in your county recording office (as with other types of property deeds that are filed, easements must always be filed in the county where the land is located) so that the easement will be enforceable.
Our temporary easement therefore is a legally binding document that you can use to grant someone access to your property so that various types of work can be completed on your home and/or land.
All you need to do to create your own customized temporary easement is provide us with some basic information about the parties involved, the property and its location, and some minimal facts about the work being done to the property.
http://www.easyeasements.com   (270 words)

  
 easement --  Britannica Concise Encyclopedia - Your gateway to all Britannica has to offer!
Some U.S. states permit the creation of an easement by prescription (acquisition of an interest), as when one person makes continuous use of another's land for some specified period of time (e.g., 20 years).
In Anglo-American property law, an interest in land owned by another that entitles its holder to a specific limited use or enjoyment, such as the right to cross the land or have a view over it continue unobstructed.
Numerous other kinds of easements have been important in Anglo-American law.
http://concise.britannica.com/ebc/article-9363319   (113 words)

  
 Colorado Income Tax - Gross Conservation Easement Credit
The portion of the property on which the conservation easement is donated must be clearly identified each year.
Each donation must qualify within the limitations of the law in effect at the time donation is made.
The land must be re-appraised for each donation since future appraisals of the remaining property may be affected by prior conservation easements on adjoining land.
http://www.revenue.state.co.us/fyi/html/income39.html   (3371 words)

  
 easement on Encyclopedia.com
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.
At common law an easement in gross could not be transferred, but today it may be transferable.
If the easement benefits the holder personally and is not associated with any land he owns, it is an easement in gross (e.g., a public utility's right to run power lines through another's property).
http://www.encyclopedia.com/html/e1/easement.asp   (505 words)

  
 Duhaime's Canadian Law Dictionary : E
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.
Synonymous to canon law: the body of church-made law which binds only those persons which recognize it, usually only church officers, and based on aged precepts of canon law.
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).
http://www.duhaime.org/dictionary/dict-e.aspx   (1886 words)

  
 [No title]
The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes.
Issues of maintenance, joint use, locking gates, damage to easement and other conflicts clog the judicial system, mostly due to misunderstandings at the time of creation.
Typical easements are for access to another property (often redundantly stated "access and egress," since entry and exit are over the same path), for utility or sewer lines both under and above ground, use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses.
http://dictionary.law.com/definition2.asp?selected=603&bold=   (134 words)

  
 Conservation Easements - Private Land Preservation - Conservation Easement - Private Lands - Conservation Easements - ...
Conservation easements are one of the most powerful, effective tools available for the permanent conservation of private lands in the United States.
Conservation easements protect land for future generations while allowing landowners to retain many private property rights and to live on and use their land as they have traditionally.
A conservation easement is a voluntary, legally binding agreement that limits certain types of uses or prevents development from taking place on a piece of property now and in the future, while protecting the property’s ecological or open-space values.
http://nature.org/aboutus/howwework/conservationmethods/privatelands/conservationeasements   (552 words)

  
 EASEMENT PROPERTIES
For those who might be curious, at the midpoint Rm = 72" but the center is very close to 1/2 Dm or 6".
These values must be determined before any decision for approach can be made.
Proper clearance and increased track centers on curves require a gradual center distance increase throughout the easements.
http://www.geocities.com/budb3/arts/tech/ease.html   (2897 words)

  
 Legal Definition of Easement
The 'Lectric Law Library's Lexicon On * Easement *
EASEMENT - Gives one party the right to go onto another party's property.
Close it when you're done and you may be back here.)
http://www.lectlaw.com/def/e001.htm   (59 words)

  
 Preservation Easement Trust: Your Home For Historic Preservation Easements
The historic preservation easement is a voluntary legal
Preservation Easement Trust, Inc is a qualified 501(c)(3) nonprofit
Preservation Easement Trust: Your Home For Historic Preservation Easements
http://www.preservationeasement.org   (44 words)

  
 Easement Encyclopedia Article, Description, History and Biography @ ArtisticNudity.com
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http://www.artisticnudity.com/encyclopedia/Easement   (137 words)

  
 Flickr: Photos from easement
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http://www.flickr.com/photos/easement   (27 words)

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