A conservation easement is valid even though one or more of the following exist:

(1) It is not appurtenant to or does not run with an interest in real property.

Terms Used In South Carolina Code 27-8-50

  • 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 imposing limitations or affirmative obligations, the purposes of which include one or more of the following:

    (a) retaining or protecting natural, scenic, or open-space aspects of real property;

    (b) ensuring the availability of real property for agricultural, forest, recreational, educational, or open-space use;

    (c) protecting natural resources;

    (d) maintaining or enhancing air or water quality;

    (e) preserving the historical, architectural, archaeological, or cultural aspects of real property. See South Carolina Code 27-8-20
  • Contract: A legal written agreement that becomes binding when signed.
  • Holder: means :

    (a) a governmental body empowered to hold an interest in real property under the laws of this State or the United States; or

    (b) a charitable, not-for-profit or educational corporation, association, or trust the purposes or powers of which include one or more of the purposes listed in subsection (1). See South Carolina Code 27-8-20
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes surface waters. See South Carolina Code 27-8-20

(2) It may be or has been assigned to another holder.

(3) It is not of a character recognized traditionally at common law.

(4) It imposes a negative burden.

(5) It 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.

(7) There is no privity of estate or of contract.

(8) It does not run to the successors and assigns of the holder.