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If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as easements for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land ...
Conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. In fact, this difference in value is the basis for the granting of the original tax incentives. An estimate of 35%–65% value reduction has been made on conservation easement land to the land owner. [13]
For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B. Conversely, a negative easement might restrict land owner A from putting up a wall of trees that would block the adjacent land owner B's mountain view. A is subject to a negative easement from B.
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Estate is a common law concept. In real estate law, an easement appurtenant may be created for the benefit of the original owner (the seller or grantor) of property who splits off a property and conveys part of the original property; the owner may retain an easement for an access (such as a driveway or utilities). [1]
Sections 146 and 147 of the Act force an owner of Māori land who wishes to alienate their interest in the land to give right of first refusal to people belonging to "preferred classes of alienees". [2] These preferred classes include whanaunga (blood relations) [3] of the owner, other current owners, and members of the owner's hapū. [4]
California and Texas grant waterfront property owners water allocations prior to any other users, in a hybrid system with riparian water rights. [ 5 ] [ 12 ] In Oregon, landowners have rights to water on their own land at a certain time at which it is then incorporated into the appropriation system.
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