33-274. Validity and assignment of conservation easements
A. A conservation easement, or any assignment, release, modification, termination or other document altering or affecting a conservation easement, is only valid if recorded with the county recorder of the county in which any portion of the real property burdened by the conservation easement is located.
B. Third party rights of enforcement granted through a conservation easement to a governmental body, charitable corporation or trustee of a charitable trust may not be assigned, except with the prior written consent of the holder of the conservation easement.
C. 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 on the owner of an interest in the burdened property or on the holder.
6. The benefit does not touch or concern real property.
7. There is no privity of estate or of contract.
Section: Previous 33-237 33-239 33-240 33-261 33-271 33-272 33-273 33-274 33-275 33-276 33-301 33-302 33-303 33-321 33-322 NextLast modified: October 13, 2016