2017 Mississippi Code
Title 89 - Real and Personal Property
Chapter 19 - Mississippi Conservation Easements
§ 89-19-5. General provisions relating to conservation easement; acceptance; recordation; duration

Universal Citation: MS Code § 89-19-5 (2017)
  • (1) Except as otherwise provided by this chapter, a conservation easement may be created, conveyed, recorded and assigned, in the same method and manner as other easements.
  • (2) No right or duty in favor of or against a holder and no right of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
  • (3) Except as provided in subsection (2) of Section 89-19-7 of this chapter, a conservation easement is unlimited in its duration unless the instrument creating it otherwise provides.
  • (4) An interest in real property in existence at the time a conservation easement is created is not impaired by the conservation easement unless the owner of the interest is a party to the conservation easement or consents to it.
  • (5) A conservation easement shall continue to be effective and shall not be extinguished if the easement holder is or becomes the owner in fee of the subject property.
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