Current through 131st (2023-2024) Legislature Chapter 684
A trail easement is valid and enforceable even if: [1999, c. 371, §1(NEW).]
1.Not appurtenant to interest in real property. It is not appurtenant to or does not run with an interest in real property; [1999, c. 371, §1(NEW).]
2.Assigned to another holder. It can be or has been assigned to another holder; [1999, c. 371, §1(NEW).]
3.Not recognized at common law. It is not of a character that has been recognized traditionally at common law; [1999, c. 371, §1(NEW).]
4.Negative burden. It imposes a negative burden; [1999, c. 371, §1(NEW).]
5.Affirmative obligations. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; [1999, c. 371, §1(NEW).]
6.Benefit does not touch or concern real property. The benefit does not touch or concern real property; [1999, c. 371, §1(NEW).]
7.No privity of estate or of contract. There is no privity of estate or of contract; or [1999, c. 371, §1(NEW).]
8.Does not run to successors or assigns. It does not run to the successors or assigns of the holder. [1999, c. 371, §1(NEW).]
1999, c. 371, § 1 (NEW) .