Indiana Code 32-23-5-7. Validity of conservation easements
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Sec. 7. A conservation easement is valid even though:
(2) the conservation easement can be or has been assigned to another holder;
(1) the conservation easement is not appurtenant to an interest in real property;
Terms Used In Indiana Code 32-23-5-7
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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
- Contract: A legal written agreement that becomes binding when signed.
- holder: means any of the following:
Indiana Code 32-23-5-3
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
(3) the conservation easement is not of a character that has been recognized traditionally at common law;
(4) the conservation easement imposes a negative burden;
(5) the conservation easement 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.
[Pre-2002 Recodification Citation: 32-5-2.6-4.]
As added by P.L.2-2002, SEC.8.