Sec. 5. (a) Except as otherwise provided in this chapter, a conservation easement may be: (1) created; (2) conveyed; (3) recorded; (4) assigned; (5) released; (6) modified; (7) terminated; or (8) otherwise altered or affected; in the same manner as other easements. (b) A right or duty in favor of or against a holder and a right in favor of a person having a third party right of enforcement does not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded. (c) Except as provided in section 6(b) of this chapter, a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides otherwise. (d) An interest in real property is not impaired by a conservation easement if the interest exists at the time the conservation easement is created, unless the owner of the interest is a party to the conservation easement or consents to the conservation easement. [Pre-2002 Recodification Citation: 32-5-2.6-2.]
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