Section 44-10-5. Validity of easement

   A conservation easement is valid even though:

   (1) It is not appurtenant to an interest in real property;

   (2) It can be or has been assigned to another holder;

   (3) It is not of a character that has been 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; or

   (7) There is no privity of estate or of contract.

Code 1981, § 44-10-5, enacted by Ga. L. 1992, p. 2227, § 1.