33 §1584. Validity

Title 33: PROPERTY

Chapter 30: TRAIL EASEMENTS HEADING: PL 1999, C. 371, §1 (NEW)

§1584. Validity

A trail easement is valid and enforceable even if: [1999, c. 371, §1 (NEW).]

1. Not appurtenant to interest in real property. It is not appurtenant to or does not run with an interest in real property;

[ 1999, c. 371, §1 (NEW) .]

2. Assigned to another holder. It can be or has been assigned to another holder;

[ 1999, c. 371, §1 (NEW) .]

3. Not recognized at common law. It is not of a character that has been recognized traditionally at common law;

[ 1999, c. 371, §1 (NEW) .]

4. Negative burden. It imposes a negative burden;

[ 1999, c. 371, §1 (NEW) .]

5. Affirmative obligations. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

[ 1999, c. 371, §1 (NEW) .]

6. Benefit does not touch or concern real property. The benefit does not touch or concern real property;

[ 1999, c. 371, §1 (NEW) .]

7. No privity of estate or of contract. There is no privity of estate or of contract; or

[ 1999, c. 371, §1 (NEW) .]

8. Does not run to successors or assigns. It does not run to the successors or assigns of the holder.

[ 1999, c. 371, §1 (NEW) .]

SECTION HISTORY

1999, c. 371, §1 (NEW).