Validity

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A conservation easement is valid even though:

  1. (1) It is not appurtenant to an interest in real property;

  2. (2) It can be or has been assigned to another holder;

  3. (3) It is not of a character that has been recognized traditionally at common law;

  4. (4) It imposes a negative burden;

  5. (5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

  6. (6) The benefit does not touch or concern real property; or

  7. (7) There is no privity of estate or of contract.


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