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

Indiana § 32-23-5-5

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

Text

(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.]

Legislative History

As added by P.L.2-2002, SEC.8.