TITLE 55

PROPERTY IN GENERAL

CHAPTER 21

UNIFORM CONSERVATION EASEMENT ACT

55-2104.  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.

History:

[55-2104, added 1988, ch. 222, sec. 1, p. 423.]