North Carolina § 121-38 Validity of agreements

North Carolina Statutes

§ 121-38 — Validity of agreements

North Carolina § 121-38

Ch. 121Archives and History

Art. 4Conservation and Historic Preservation Agreements Act

This text of North Carolina § 121-38 (Validity of agreements) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 121-38 (2026).

Text

(a)No conservation or preservation agreement shall be unenforceable because of

(1)Lack of privity of estate or contract, or

(2)Lack of benefit to particular land or person, or

(3)The assignability of the benefit to another holder as defined in this Article.

(b)These agreements are interests in land and may be acquired by any holder in the same manner as it may acquire other interests in land.

(c)These agreements may be effective perpetually or for shorter stipulated periods of time.

(d)These agreements may impose present, future, or continuing obligations on either party to the agreement, or their successors, in furtherance of the purposes of the agreement.

(e)These agreements may contain provisions which require the payment of a fee upon a future conveyance of the property that is

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(a) No conservation or preservation agreement shall be unenforceable because of
(1) Lack of privity of estate or contract, or
(2) Lack of benefit to particular land or person, or
(3) The assignability of the benefit to another holder as defined in this Article.
(b) These agreements are interests in land and may be acquired by any holder in the same manner as it may acquire other interests in land.
(c) These agreements may be effective perpetually or for shorter stipulated periods of time.
(d) These agreements may impose present, future, or continuing obligations on either party to the agreement, or their successors, in furtherance of the purposes of the agreement.
(e) These agreements may contain provisions which require the payment of a fee upon a future conveyance of the property that is subject to the agreement. (1979, c. 747, s. 5; 2008-165, s. 1.)