Creation, conveyance, etc., of easements; acceptance; recordation;
duration; rights of parties and others protected
Sec. 5. (a) Except as otherwise provided in this chapter, a
conservation easement may be:
(1) created;
(2) conveyed;
(3) recorded;
(4) assigned;
(5) released;
(6) modified;
(7) terminated; or
(8) otherwise altered or affected;
in the same manner as other easements.
(b) A right or duty in favor of or against a holder and a right in
favor of a person having a third party right of enforcement does not
arise under a conservation easement before the conservation
easement is accepted by the holder and the acceptance is recorded.
(c) Except as provided in section 6(b) of this chapter, a
conservation easement is unlimited in duration unless the instrument
creating the conservation easement provides otherwise.
(d) An interest in real property is not impaired by a conservation
easement if the interest exists at the time the conservation easement
is created, unless the owner of the interest is a party to the
conservation easement or consents to the conservation easement.
As added by P.L.2-2002, SEC.8.
Last modified: May 24, 2006