(a) Creating an easement.--Except as otherwise provided in this act, a conservation or preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.
(b) Scope.--A conservation easement may encompass an entire fee simple interest in a parcel of real property as described in the deed to the property or any portion thereof or estate therein. Except when referencing an easement's boundary using setback descriptions from existing deed boundaries or natural or artificial features such as streams, rivers or railroad rights-of-way, a metes and bounds description of the portion of property subject to the easement shall be provided in the easement document.
(c) Acceptance.--No right or duty of a holder, successive holder named in the conservation or preservation easement or person having a third-party right of enforcement may arise under a conservation or preservation easement before the acceptance of the easement by the holder, successive holder or third party with right of enforcement and recordation of the acceptance.
(d) Duration.--Except as provided in section 5(c), 1 a conservation or preservation easement created after the effective date of this act may be perpetual in duration but in no event shall be for a duration of less than 25 years. To the extent the easement is in gross, the easement shall be transferred to a willing successive holder, should the original holder or successive holder be dissolved or otherwise cease to exist, in order to accomplish the goal of the easement. If a willing successive holder cannot be identified, the municipality in which the easement is located shall automatically become the successive holder for perpetuity or the remaining term of the easement. Upon expiration of the easement, the holder shall terminate the easement by recording a written document in the same office of recorder of deeds where the easement was first recorded.
(e) Existing interests.--An interest in real property in existence at the time a conservation or preservation easement is created, including easements intended to provide services of a public utility nature and operating rights and easements appurtenant to real property contiguous to real property burdened by the easement which are of record or which arise by operation of law, may not be impaired unless the owner of the interest is a party to the easement or consents in writing to comply with the restrictions of such easement.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.