Validity of Easement

  1. Law
  2. Georgia Code
  3. Property
  4. Historic Preservation
  5. Uniform Conservation Easements
  6. Validity of Easement

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A conservation easement is valid even though:

  1. It is not appurtenant to an interest in real property;
  2. It can be or has been assigned to another holder;
  3. It is not of a character that has been recognized traditionally at common law;
  4. It imposes a negative burden;
  5. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
  6. The benefit does not touch or concern real property; or
  7. There is no privity of estate or of contract.

(Code 1981, §44-10-5, enacted by Ga. L. 1992, p. 2227, § 1.)

RESEARCH REFERENCES

ALR.

- May easement or right of way be appurtenant where servient tenement is not adjacent to dominant, 15 A.L.R.7th 1.


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