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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 10. HISTORIC PRESERVATION · Article 1. UNIFORM CONSERVATION EASEMENTS

44-10-5. Validity of easement.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. A conservation easement is valid even though:

  2. (1)

    It is not appurtenant to an interest in real property;#

  3. (2)

    It can be or has been assigned to another holder;#

  4. (3)

    It is not of a character that has been recognized traditionally at common law;#

  5. (4)

    It imposes a negative burden;#

  6. (5)

    It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;#

  7. (6)

    The benefit does not touch or concern real property; or#

  8. (7)

    There is no privity of estate or of contract.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-10-5, enacted by Ga. L. 1992, p. 2227, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 117; merge action: carried; file SHA-256 02e72213893a.