Validity of easements not affected by certain conditions

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A conservation easement shall be valid despite the following:

It is not appurtenant to an interest in real property;

It may be or has been assigned to another holder;

It is not of a character that has been traditionally recognized at common law;

It imposes a negative burden;

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

The benefit does not touch or concern real property; or

There is no privity of estate or contract.


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