89-19-5 - General provisions relating to conservation easement; acceptance; recordation; duration. - Mississippi Statutes

§ 89-19-5. General provisions relating to conservation easement; acceptance; recordation; duration.
 

(1)  Except as otherwise provided by this chapter, a conservation easement may be created, conveyed, recorded and assigned, in the same method and manner as other easements. 

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

(3)  Except as provided in subsection (2) of Section 89-19-7 of this chapter, a conservation easement is unlimited in its duration unless the instrument creating it otherwise provides. 

(4)  An interest in real property in existence at the time a conservation easement is created is not impaired by the conservation easement unless the owner of the interest is a party to the conservation easement or consents to it. 

(5)  A conservation easement shall continue to be effective and shall not be extinguished if the easement holder is or becomes the owner in fee of the subject property. 
 

Sources: Laws,  1986, ch. 404, § 3; Laws, 1988, ch. 379, § 2, eff from and after passage (approved April 18, 1988).