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2020 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 (2020)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
A conservation easement is valid even though:
- It is not appurtenant to an interest in real property;
- It can be or has been assigned to another holder;
- It is not of a character that has been recognized traditionally at common law;
- It imposes a negative burden;
- It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
- The benefit does not touch or concern real property; or
- There is no privity of estate or of contract.
(Code 1981, §44-10-5, enacted by Ga. L. 1992, p. 2227, § 1.)
RESEARCH REFERENCES
ALR.
- May easement or right of way be appurtenant where servient tenement is not adjacent to dominant, 15 A.L.R.7th 1.
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