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Typical Easement Provisions
Easements typically set out certain activities that are prohibited, such as commercial uses, draining and filling of wetlands, subdivision, etc., while also clarifying the rights retained by the landowner, such as the right to residential, agricultural uses, and the right to maintain, repair and replace existing homes, barns, garages or other structures. A central purpose of easements is to limit or prohibit residential, commercial, and industrial development, while typically allowing agricultural, horticultural and forestry uses. The primary goal is to protect the property and preserve it in its current state while not interfering with the landowner's current uses of the property. It is important to note that granting an easement does not give the public access to the property.
Once the deed of conservation easement has been signed and recorded, the land trust or public agency that 'holds' the easement then has an ongoing obligation to monitor the property on a regular schedule (with prior notice to the landowner), in order to determine that the owner is complying with the terms and conditions of the document.
For a look at a typical Maryland Environmental Trust conservation easement go to: http://www.dnr.state.md.us/met/model.html


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