Georgia Statutes

§ 44-10-5 — Validity of easement

Georgia·Title 44

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.

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Related

Brian Realty Corp. v. DeKalb County
493 S.E.2d 595 (Court of Appeals of Georgia, 1997)
3 case citations

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