Easements, Covenants, and Preservation Agreements - NPSConservation EasementsInternal Revenue Servic 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the date of the agreement at the top of the form. Ensure accuracy as this sets the timeline for the easement.
  3. Fill in the Grantor's name and select their marital status or entity type (individual, corporation, etc.). Provide their address clearly.
  4. Specify the location of the property by indicating the Township/City and County. Include a legal description in Exhibit A.
  5. In Section 2, detail any alterations permitted under EGLE Permit Number. This section is crucial for compliance with environmental regulations.
  6. Complete Exhibits B, C, D, and E as necessary. These provide essential details about the easement premises and management plans.
  7. Sign and date at the bottom of the form. If signing on behalf of an organization, ensure that all required notary sections are completed.

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The term preservation easement is commonly used to describe a type of conservation easementthat is, a private, legal arrangement between a property owner and a qualified nonprofit organization or governmental agency for the purpose of protecting a historic propertys conservation and preservation values.
In real property law, the term real covenants means that conditions are tied to the ownership or use of land. A covenant running with the land, meeting tests of wording and circumstances laid down in precedent, imposes duties or restrictions upon the use of that land regardless of the owner.
Most easement programs pay the landowner for the rights that are being purchased, often at the appraised fair market value. Depending on the land value, development pressures, and values at risk, this payment can be substantial, often thousands of dollars per acre.
If a deed restriction is not enforceable, you can choose to ignore it and take on the risk of a neighbor filing suit, or you can seek out a judges ruling to have the covenant removed from the deed.
Easements are usually permanent, whereas covenants may be removed in some cases but remain legally enforceable by affected parties.

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Tax Deduction on Conservation Easement The primary benefit of a conservation easement is the tax deduction you will receive from it. You can deduct 50% of your income for the next 16 years until the appraised value of the easement.
Although covenants are similar to easements in that in both cases, the use of land is being restricted or enhanced by an obligation owed by the property owner to another party, real covenants differ from easements in that they are not considered ownership interests in land. Real covenants are promises.

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