Indiana Code 32-23-5-5. Creation, conveyance, etc., of easements; acceptance; recordation; duration; rights of parties and others protected
(1) created;
Terms Used In Indiana Code 32-23-5-5
- conservation easement: means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations with the purpose of:
Indiana Code 32-23-5-2
- holder: means any of the following:
Indiana Code 32-23-5-3
- third party right of enforcement: means a right that is:
Indiana Code 32-23-5-4
(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.]
As added by P.L.2-2002, SEC.8.