A conservation easement is valid even though one or more of the following exist:
(1) It is not appurtenant to or does not run with an interest in real property.
(2) It may be or has been assigned to another holder.
(3) It is not of a character recognized traditionally at common law.
(4) It imposes a negative burden.
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder.
(6) The benefit does not touch or concern real property.
(7) There is no privity of estate or of contract.
(8) It does not run to the successors and assigns of the holder.
HISTORY: 1991 Act No. 92, Section 1.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 8 - Conservation Easement Act
Section 27-8-30. Conservation easements generally; creation, duration and effect; conveyances.
Section 27-8-35. Easements excepted from public hearing requirement.
Section 27-8-40. Who may bring action affecting easement.
Section 27-8-50. Validity of easements.
Section 27-8-70. Effect of easement on assessment of property for ad valorem tax purposes.
Section 27-8-80. Condemnation of conservation easements.
Section 27-8-90. Biennial review of plight of land loss.
Section 27-8-100. Use of trust fund monies for beach conservation.
Section 27-8-110. Use of trust funds to acquire land adjoining state parks.