CODE OF VIRGINIA

VALIDITY (§ 10.1-1014)

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.

Except as otherwise provided in this chapter, a conservation easement may be
created, conveyed, recorded, assigned, released, modified, terminated, or
otherwise altered or affected in the same manner as other easements.

HISTORY: 1988, cc. 720, 891.