A conservation easement is valid even though:
(1)  It is not appurtenant to an interest in real property;
contract signature

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Terms Used In Idaho Code 55-2104

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. See Idaho Code 55-2101
  • Contract: A legal written agreement that becomes binding when signed.
  • Holder: means :
Idaho Code 55-2101
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
    • (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.