Kentucky Statutes 382.830 – Validity of easement
Current as of: 2024 | Check for updates
|
Other versions
A conservation easement shall be valid even though:
(1) It is not appurtenant to an interest in real property; (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.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 251, sec. 4, effective July 15, 1988.
(1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder;
Terms Used In Kentucky Statutes 382.830
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- 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) 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.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 251, sec. 4, effective July 15, 1988.