Do I have to have a court order to amend a consevation easement or can just both partiesto the easement agree?
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Do I have to have a court order to amend a consevation easement or can just both partiesto the easement agree?
I am buying a property with a conservation easement attached. This easement was amended recently by signatures of both the grantor and the grantee, the amendment was then recorded. I am being told that this amendment, which didn’t alter the intent of the easement, has to be approved by chancery judge to be valid. Isn’t this easement like any other easement between the parties?
Asked on February 9, 2012 under Real Estate Law, Mississippi
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When you have a conservation easement, if the person or entity that is getting the benefit of the easement agrees with the modification then the easement can simply be modified via written agreement and recorded with the county recorder's office. There is no need for court approval.
I suggest that you have a real estate attorney draft the modification.
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