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.)