33-274. Validity and assignment of conservation easements

176 words·~1 min read·/az/title-33/33-274

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A conservation easement, or any assignment, release, modification, termination or other document altering or affecting a conservation easement, is only valid if recorded with the county recorder of the county in which any portion of the real property burdened by the conservation easement is located.

B. Third party rights of enforcement granted through a conservation easement to a governmental body, charitable corporation or trustee of a charitable trust may not be assigned, except with the prior written consent of the holder of the conservation easement.

C. 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.

7. There is no privity of estate or of contract.