Sec. 5. (a) Except as otherwise provided in this chapter, a conservation easement may be:

(1) created;

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Terms Used In Indiana Code 32-23-5-5

  • conservation easement: means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations with the purpose of:

    Indiana Code 32-23-5-2

  • holder: means any of the following:

    Indiana Code 32-23-5-3

  • third party right of enforcement: means a right that is:

    Indiana Code 32-23-5-4

(2) conveyed;

(3) recorded;

(4) assigned;

(5) released;

(6) modified;

(7) terminated; or

(8) otherwise altered or affected;

in the same manner as other easements.

     (b) A right or duty in favor of or against a holder and a right in favor of a person having a third party right of enforcement does not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded.

     (c) Except as provided in section 6(b) of this chapter, a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides otherwise.

     (d) An interest in real property is not impaired by a conservation easement if the interest exists at the time the conservation easement is created, unless the owner of the interest is a party to the conservation easement or consents to the conservation easement.

[Pre-2002 Recodification Citation: 32-5-2.6-2.]

As added by P.L.2-2002, SEC.8.

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