57-18-2. Definition and characteristics of conservation easement.
152 words·~1 min read·
/ut/title-57/chapter-18/57-18-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
57-18-2. Definition and characteristics of conservation easement.
(1)As used in this chapter, "conservation easement" means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land.
(2)A conservation easement is an interest in land and runs with the land benefited or burdened by the easement.
(3)A conservation easement is valid whether it is appurtenant or in gross.
(4)A conservation easement is enforceable by the holder to the easement and its successors and assigns. A conservation easement is enforceable against the grantor and its successors and assigns.
Enacted by Chapter 155 , 1985 General Session