Kentucky Statutes 382.810 – Creation — Acceptance and recordation necessary — Duration — Preexisting property interest
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(1) Except as otherwise provided in KRS § 382.810 to KRS § 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.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 251, sec. 2, effective July 15, 1988.
(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.
Terms Used In Kentucky Statutes 382.810
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 251, sec. 2, effective July 15, 1988.