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.70 Del. Laws, c. 552, § 1;
Delaware Legal Code
§ 6904
Delaware Title 7 — Delaware law
Source: https://delcode.delaware.gov/title7/c069/index.html· Version 2026