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Conservation Easements
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<blockquote data-quote="GoWyo" data-source="post: 1816286" data-attributes="member: 38220"><p>I apologize. Sometimes I get ahead of myself. There are several types of present interests in real property. If you receive a deed you hold the land in "fee simple.". If you have all of the interests in the land, including the subsurface or mineral estate and there are no other interests, you hold the land in "fee simple absolute." If you and your wife own land in fee simple, as husband and wife, then you and she are co-tenants, specifically "tenants by the entirety". If you and your sibling own land you could be "joint tenants with right of survivorship" where the last one living gets it all. You and your sibling could also be "tenants in common" which means that each of your separate undivided interests in the land can be passed to your heirs or devisees under your will rather than by right of survivorship. These types of interests are what I was referring to as "co-tenants". A conservation easement is a "servitude" on the land. Your right to develop the land is severed from the rest of your ownership. A conservation easement covers the land like a blanket and affects a huge part of the ownership interest in the land such that it is almost like having a "co-tenant" even though the conservation easement owner is not an actual co-tenant with a present possessory interest in the land.</p></blockquote><p></p>
[QUOTE="GoWyo, post: 1816286, member: 38220"] I apologize. Sometimes I get ahead of myself. There are several types of present interests in real property. If you receive a deed you hold the land in "fee simple.". If you have all of the interests in the land, including the subsurface or mineral estate and there are no other interests, you hold the land in "fee simple absolute." If you and your wife own land in fee simple, as husband and wife, then you and she are co-tenants, specifically "tenants by the entirety". If you and your sibling own land you could be "joint tenants with right of survivorship" where the last one living gets it all. You and your sibling could also be "tenants in common" which means that each of your separate undivided interests in the land can be passed to your heirs or devisees under your will rather than by right of survivorship. These types of interests are what I was referring to as "co-tenants". A conservation easement is a "servitude" on the land. Your right to develop the land is severed from the rest of your ownership. A conservation easement covers the land like a blanket and affects a huge part of the ownership interest in the land such that it is almost like having a "co-tenant" even though the conservation easement owner is not an actual co-tenant with a present possessory interest in the land. [/QUOTE]
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