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.

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.#

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.

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