Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 5056. Validity

A conservation or preservation easement is 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;

(7) there is no privity of estate or of contract;  or

(8) the holder is or becomes the owner in fee of the subject property.


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