A conservation easement is valid even though any of the following apply:
- (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.
(Acts 1997, No. 97-715, p. 1483, §4.)