89-19-9 - Validity of easements not affected by certain conditions.
§ 89-19-9. Validity of easements not affected by certain conditions.
A conservation easement shall be valid despite the following:
(a) It is not appurtenant to an interest in real property;
(b) It may be or has been assigned to another holder;
(c) It is not of a character that has been traditionally recognized 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 contract.
Sources: Laws, 1986, ch. 404, § 5, eff from and after passage (approved March 27, 1986).