Get the free Model Conservation Easement - The Land Trust for Santa Barbara bb - sblandtrust
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Recording Requested by and When Recorded Mail To: LAND TRUST FOR SANTA BARBARA COUNTY P. O. Box 91830 Santa Barbara, California 93190 Telephone: (805) 9664520 Revised 12/15/02 SAMPLE #2 DEED OF AGRICULTURAL
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How to fill out model conservation easement
How to fill out a model conservation easement:
01
Understand the purpose: Familiarize yourself with the concept and purpose of a conservation easement. A conservation easement is a legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land to protect its conservation values.
02
Review the document: Obtain a model conservation easement form from a reputable source, such as a land trust or conservation organization. Review the entire document carefully, paying attention to each section and its requirements.
03
Identify the parties: Fill in the names and addresses of the landowner(s) and the holder of the conservation easement. Be sure to include any additional parties involved, such as mortgagees or other interested parties.
04
Property description: Provide a detailed description of the property being encumbered by the conservation easement. Include the property's legal description, physical address, and any other relevant details.
05
Define the permitted uses: Specify the activities that are allowed and prohibited on the property. This may include limits on development, agricultural practices, timber harvesting, or other actions that could degrade the property's conservation values. Be clear and precise in your descriptions.
06
Describe reserved rights: Outline any rights reserved by the landowner that are compatible with the purpose of the conservation easement. These could include activities necessary to maintain the property, such as routine maintenance or infrastructure improvements.
07
Detail monitoring and enforcement: Explain the rights and responsibilities of the easement holder to monitor and address potential violations of the conservation easement. This may include annual inspections, reporting obligations, and enforcement mechanisms.
08
Address amendment and termination: Specify the circumstances under which the conservation easement can be amended or terminated. This typically requires mutual consent between the landowner and the easement holder and must serve a valid conservation purpose.
09
Seek legal advice: While you can fill out the model conservation easement on your own, it is highly recommended to consult with an attorney experienced in conservation easements. They can provide guidance, ensure compliance with state laws, and address any specific issues related to your property.
Who needs a model conservation easement?
01
Landowners committed to preserving their property's natural, scenic, or historic values for future generations may need a model conservation easement. This includes individuals, families, or organizations who wish to protect environmentally sensitive areas, open spaces, farmland, or other significant landscapes.
02
Land trusts and conservation organizations can also utilize model conservation easements as a tool for acquiring and ensuring the long-term protection of conservation lands.
03
Government agencies concerned with land conservation can also benefit from using model conservation easements to establish legal frameworks for the protection and management of public lands.
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What is model conservation easement?
A model conservation easement is a legal agreement between a property owner and a land trust or government agency to protect the natural, scenic, historic, and agricultural resources of a property.
Who is required to file model conservation easement?
Property owners who wish to protect their land from development and preserve its conservation values are required to file a model conservation easement.
How to fill out model conservation easement?
To fill out a model conservation easement, property owners should consult with a qualified attorney or land trust to ensure all necessary information and provisions are included.
What is the purpose of model conservation easement?
The purpose of a model conservation easement is to permanently protect valuable natural resources and open spaces by restricting future development on a property.
What information must be reported on model conservation easement?
Information that must be reported on a model conservation easement includes the property's location, boundaries, conservation values, restrictions on development, and monitoring and enforcement provisions.
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