District of Columbia Code Division VII. Property. § 42-202. Exemption from recordation and transfer tax.

(a)(1) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, provided that the recordation of any conservation easement as defined in § 42-201, or of any assignment, release, modification, termination, or other alteration of a conservation easement shall be exempt from the recordation tax imposed by § 42-1103, and from the transfer tax imposed by § 47-903.

(2) The exemption provided for in paragraph (1) of this subsection shall not apply if the consideration for the conservation easement exceeds $100 in value.

(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.