Do I Have an Easement on My Property?

If interested in finding out if (or where) easements lie on privately held lands, contact the local county recorder’s or tax assessor’s office: 

Graham Co. Recorder and Tax Assessor
921 Thatcher Blvd.
Safford, AZ 85546
928.428.2828 

Greenlee Co. Recorder and Tax Assessor
253 Fifth Street
Clifton, AZ 85533
928.865.5302 

Property easements are bound to the land and can be found in the land deed document. Their purpose is to grant public access to or through a section of your privately-owned land. Examples of easements can include: transportation department easements along roadways; energy department easements along powerline corridors; “right-of-way” easements that allow for travel through your property to access another property; and conservation easements.

Conservation easements are a tool that can be used to preserve native plants or animals, a natural physical feature, or some aspect of the land that has historical, cultural, or scientific significance. This donation of private land is a voluntary agreement that allows a landowner to limit the type or amount of development on all or a portion of their property while still retaining private ownership of the land. In many instances, traditional uses such as grazing or farming are allowed to continue. Conservation easements are established through coordination with a local government agency, a third-party charity, or conservation organization.

Conservation easements can be federal income tax deductions and may reduce a landowner’s property tax rate. To qualify for a tax deduction, the easement must be donated to a government agency or a qualifying conservation or historic preservation organization. IRS regulations require that the property have “significant” conservation values, such as forests, wetlands, grasslands, endangered species habitat, and/or scenic areas.

For more information, review: Easements, Arizona Cooperative Extension

If you have land you would like to place a conservation easement or for more information call 520.577.8564

 

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