§198-1 Conservation easement defined. For the purposes of this chapter, a “conservation easement” is an interest in real property created by deed, restrictions, covenants, or conditions, the purpose of which is to: (1) Preserve and protect land predominantly in its natural, scenic, forested, or open-space condition; (2) Preserve and protect the structural integrity and physical […]
§198-2 Nature. (a) A conservation easement is freely transferable in whole or in part for the purposes stated in section 198-1 by any lawful method for the transfer of interests in real property in this State. (b) A conservation easement shall be perpetual in duration. (c) A conservation easement shall not be deemed personal in […]
§198-3 Holders. Any public body and any organization which qualifies for and holds an income tax exemption under section 501(c) of the federal Internal Revenue Code of 1954, as amended, and whose organizational purposes are designed to facilitate the purposes of this chapter, may acquire and hold conservation easements by purchase, agreement, donation, devise, or […]
§198-4 Recordation. Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the bureau of conveyances, or the land court, as the case may be, and such instruments shall be subject in all respects to the requirements of chapters 501 and 502. [L 1985, c 149, pt of §1] Note The amendment made […]
§198-5 Enforcement of easement. (a) All conservation easements, whether held by public bodies or qualifying private organizations, shall be considered to run with the land, whether or not such fact is stipulated in the instrument of conveyance or ownership, and no conservation easement shall be unenforceable on account of the lack of privity of estate […]
§198-6 Construction. This chapter shall not be construed to imply that any easement, covenant, condition, or restriction which does not have the benefit of this chapter shall on account of any provisions of this chapter be unenforceable. Nothing in this chapter shall diminish the powers granted by any general or special law to acquire, by […]
