West Virginia Code § 20-12-4

Creation, transfer and duration
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(a) Except as otherwise provided in this article, a conservation or preservation easement
may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise
altered or affected in the same manner as other easements.
(b) No right or duty of a holder, successive holder named in the easement deed or person
having a third-party right of enforcement arises under a conservation or preservation
easement before the easement's acceptance by the holder, successive holder or third party
with right of enforcement and a recordation of the acceptance.
(c) Except as provided in subsection (b), section five of this article, a conservation or
preservation easement created after the effective date of this article may be perpetual in
duration, but in no event shall be for a duration of less than twenty-five years.
(d) An interest in real property in existence at the time a conservation or preservation
easement is created, including an unrecorded leasel for the production of minerals or
removal of timber, shall not be impaired unlesss the owner of such interest is a party to the
easement or expressly consents to comply with the restriction of such easement.

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