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HOW DOES AN EASEMENT RESTRICT LAND DEVELOPMENT?

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HOW DOES AN EASEMENT RESTRICT LAND DEVELOPMENT?

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The extent of the restriction depends on the desires of the landowner. The landowner agrees to sell or give away certain rights that accompany land ownership, while retaining others. For example, you may give up the right to subdivide or develop the land, but retain the right to farm the property; or you may decide to give away the right to clear cut timber, but retain the right to hunt on the land. It is possible to retain the rights to limited land development — such as residential construction — as long as the conservation purpose of the easement is not diminished.

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