Indiana § 32-23-5-5 Creation, conveyance, etc., of easements; acceptance; recordation;
duration; rights of parties and others protected

Indiana Statutes

§ 32-23-5-5 — Creation, conveyance, etc., of easements; acceptance; recordation; duration; rights of parties and others protected

Indiana·Title 32 PROPERTY·Art. 23 CONVEYANCE OF PROPERTY INTERESTS·Ch. 5 Uniform Conservation Easement Act

(a)Except as otherwise provided in this chapter, a conservation easement may be:

(1)created;

(2)conveyed;

(3)recorded;

(4)assigned;

(5)released;

(6)modified;

(7)terminated; or

(8)otherwise altered or affected; in the same manner as other easements.

(b)A right or duty in favor of or against a holder and a right in favor of a person having a third party right of enforcement does not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded.

(c)Except as provided in section 6(b) of this chapter, a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides otherwise.

(d)An interest in real property is not impaired by a conservation easement if the interest exist

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(a) Except as otherwise provided in this
chapter, a conservation easement may be:
(1) created;
(2) conveyed;
(3) recorded;
(4) assigned;
(5) released;
(6) modified;
(7) terminated; or
(8) otherwise altered or affected;
in the same manner as other easements.
(b) A right or duty in favor of or against a holder and a right in favor
of a person having a third party right of enforcement does not arise
under a conservation easement before the conservation easement is
accepted by the holder and the acceptance is recorded.
(c) Except as provided in section 6(b) of this chapter, a conservation
easement is unlimited in duration unless the instrument creating the
conservation easement provides otherwise.
(d) An interest in real property is not impaired by a conservation
easement if the interest exists at the time the conservation easement is
created, unless the owner of the interest is a party to the conservation
easement or consents to the conservation easement.
[Pre-2002 Recodification Citation: 32-5-2.6-2.]

Indiana § 32-23-5-5 (Creation, conveyance, etc., of easements; acceptance; recordation; duration; rights of parties and others protected) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.