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In general, you do not transfer the title to the property with an easement. Instead, it is the right for use of the property which may or may not limit your use of the property. It really depends on the type of easement.
Yes, if it is impossible to separate the basis of that part of the property, you would use the amount that you received as the basis. However, always be sure that it IS impossible before taking that route. The clause that says about impossibility is not meant as a free pass on capital gains for everyone. It should only be used when you truly cannot determine the basis of the property given up for the easement.
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March 5, 2025
9:16 AM