Georgia Statutes

§ 44-10-5 — Validity of easement

Georgia § 44-10-5

JurisdictionGeorgia

Title44

This text of Georgia § 44-10-5 (Validity of easement) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 44-10-5 (2026).

Text

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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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.

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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Bluebook (online)

Georgia § 44-10-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-10-5.