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2018 Georgia Code 44-10-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-10-5 Case Law from Google Scholar Amendments to OCGA 44-10-5

TITLE 44 PROPERTY

Section 10. Historic Preservation, 44-10-1 through 44-10-31.

ARTICLE 1 UNIFORM CONSERVATION EASEMENTS

44-10-5. Validity of easement.

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.

(Code 1981, §44-10-5, enacted by Ga. L. 1992, p. 2227, § 1.)

RESEARCH REFERENCES

ALR.

- May easement or right of way be appurtenant where servient tenement is not adjacent to dominant, 15 A.L.R.7th 1.

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