(a) it is not appurtenant to an interest in real property;
(b) it can be or has been assigned to another holder;
(c) it is not of a character that has been recognized traditionally at common law;
(d) it imposes a negative burden;
(e) it imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(f) the benefit does not touch or concern real property; or
(g) there is no privity of estate or of contract.