Validity of conservation easements.

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1-19B-59. Validity of conservation easements.

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.

Source: SL 1984, ch 280, §4.


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