Indiana § 32-23-5-5 - Creation, conveyance, etc., of easements; acceptance; recordation; duration; rights of parties and others protected

§ 32-23-5-5. Creation, conveyance, etc., of easements; acceptance; recordation; duration; rights of parties and others protected

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.]

As added by P.L.2-2002, SEC.8.