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Mississippi Code 1972 (2024)
Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89-27-11)
Chapter 19 - MISSISSIPPI CONSERVATION EASEMENTS (§§ 89-19-1 — 89-19-15)
Section 89-19-5 - General provisions relating to conservation easement; acceptance; recordation; duration
Universal Citation:
MS Code § 89-19-5 (2024)
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- (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.
Laws, 1986, ch. 404, § 3; Laws, 1988, ch. 379, § 2, eff. 4/18/1988.
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