MISSISSIPPI CODE OF 1972
As Amended

SEC. 89-19-9. Validity of easements not affected by certain conditions.

A conservation easement shall be valid despite the following:

(a) It is not appurtenant to an interest in real property;

(b) It may be or has been assigned to another holder;

(c) It is not of a character that has been traditionally recognized at common law;

(d) It imposes a negative burden;

(e) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(f) The benefit does not touch or concern real property; or

(g) There is no privity of estate or contract.

SOURCES: Laws, 1986, ch. 404, Sec. 5, eff from and after passage (approved March 27, 1986).


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