Current through 2024 Legislative Session Act Chapter 531
A conservation 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; or(7) There is no privity of estate or of contract. 70 Del. Laws, c. 552, § 1.;