Sec. 183.004. VALIDITY    


Latest version.
  • 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 on the owner of an interest in the burdened property or on the holder;

    (6) the benefit does not touch or concern real property; or

    (7) there is no privity of estate or of contract.

Added by Acts 1983, 68th Leg., p. 2438, ch. 434, Sec. 1, eff. Sept. 1, 1983.