382.8 10 Creation -- Acceptance and recordation necessary -- Duration -- Preexisting property interest. (1) Except as otherwise provided in KRS 382.810 to 382.860, a conservation easement may be created, conveyed, recorded, assigned, released, modified, termin ated, or otherwise altered or affected in the same manner as other easements. (2) No right or duty in favor of or against a holder and no right in favor of a person having a third -party right of enforcement shall arise under a conservation easement before its acceptance by the holder and a recordation of the acceptance. (3) Except as provided in KRS 382.820(2), a conservation easement shall be unlimited in duration unless the instrument creating it otherwise provides. (4) An interest in real property in exi stence at the time a conservation easement is created shall not be impaired by it unless the owner of the interest is a party to the conservation easement or consents to it. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 2, effective July 15, 1988.
Kentucky Legal Code