KANSAS STATUTES AND CODES

58-3811. Same; creation; duration; impairment; conveyance or assignment.

58-3811

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 38.--EASEMENTS

58-3811. Same; creation; duration; impairment; conveyance or assignment.(a) A conservation easement may be created only by the recordowner of the surface of the land specifically stating the intention of thegrantor to create such an easement under this act.

(b) Except as otherwise provided in this act, a conservationeasement may be created, conveyed, recorded, assigned, released, modified,terminated or otherwise altered or affected in the same manner as othereasements.

(c) No right or duty in favor of or against a holder and no right in favorof a person having a third-party right of enforcement arises under aconservation easement before its acceptance by the holder and a recordation ofthe acceptance.

(d) Except as provided in subsection (b) of K.S.A. 58-3812 andunless theinstrument creating it otherwise provides, a conservationeasement shall be limited in duration to the lifetime of the grantor and may berevoked at grantor's request.

(e) An interest in real property in existence at the time a conservationeasement is created is not impaired by it unless the owner of the interest is agrantor of the conservation easement.

(f) A conservation easement may not be conveyed or assigned by a holder toany entity or person other than a city or county of this state, an entityenumerated by subsection (b)(2) of K.S.A. 58-3810 or thegrantor thereof or such grantor's heirs.

History: L. 1992, ch. 302, § 12; July 1.