Alabama § 35-18-4 Validity of Easement

Alabama Statutes

§ 35-18-4 — Validity of Easement

Alabama § 35-18-4

Title 35Property

Ch. 18Conservation Easement

This text of Alabama § 35-18-4 (Validity of Easement) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 35-18-4 (2026).

Text

A conservation easement is valid even though any of the following apply:

(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.

(7)There is no privity of estate or of contract.

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A conservation easement is valid even though any of the following apply:
(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.
(7) There is no privity of estate or of contract.