2018 Georgia Code
Title 44 - Property
Chapter 10 - Historic Preservation
Article 1 - Uniform Conservation Easements
§ 44-10-5. Validity of easement

Universal Citation: GA Code § 44-10-5 (2018)
    A conservation easement is valid even though:
  • (1) It is not appurtenant to an interest in real property;

  • (2) It can be or has been assigned to another holder;

  • (3) It is not of a character that has been 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; or

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

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