382.810 Creation -- Acceptance and recordation necessary -- Duration --

142 words·~1 min read·/ky/382-810

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

Preexisting property interest.

(1)Except as otherwise provided in KRS 382.810 to 382.860, a conservation easement

may be created, conveyed, recorded, assigned, released, modified, terminated, or

otherwise altered or affected in the same manner as other easements.

(2)No right or duty in favor of or against a holder and no right in favor of a person

having a third-party right of enforcement shall arise under a conservation easement

before its acceptance by the holder and a recordation of the acceptance.

(3)Except as provided in KRS 382.820(2), a conservation easement shall be unlimited

in duration unless the instrument creating it otherwise provides.

(4)An interest in real property in existence at the time a conservation easement is

created shall not be impaired by it unless the owner of the interest is a party to the

conservation easement or consents to it.