Arizona conservation easement 2025

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Naturally, this affects the primary landowners right to use their property as they wish. They cant obstruct the use of the easement without potentially facing legal repercussions.
The biggest disadvantage of creating a conservation easement is that once the entire plot or portion is put into the land trust, the agreement runs with the land. This means it is permanent and binding to all future land owners or heirs and they cannot adjust the terms or terminate.
The agreement must be permanent and irrevocable, including the future use of the real property. ing to the Internal Revenue Code, a conservation easement must be permanent to qualify for the IRSs income and estate tax benefits.
Conservation easement means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property.
Conservation easements are conveyed by deed, have a conservation purpose, are in perpetuity (legal term meaning forever), require stewardship and monitoring, may only be extinguished by a court of law, are permanent and may offer tax benefits. It is difficult to remove a conservation easement.

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Most conservation easements are intended to be perpetual, and removal can only occur if the terms explicitly allow it or if there is a compelling public interest.
815.2. (a) A conservation easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in Section 815.1 by any lawful method for the transfer of interests in real property in this state. (b) A conservation easement shall be perpetual in duration.

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