Section 477 - Creation, conveyance, acceptance and duration1.Conservation easement. Except as otherwise provided in this subchapter, a conservation easement may be created, conveyed, recorded, assigned or partially released in the same manner as other easements created by written instrument. A conservation easement may be terminated or amended by the parties only as provided in section 477-A, subsection 2. [2007, c. 412, §2(AMD).]
2.Right or duty. No right or duty in favor of or against a holder arises under a conservation easement unless it is accepted by the holder and no right in favor of a person having a 3rd-party right of enforcement arises under a conservation easement unless it is accepted by any person having a 3rd-party right of enforcement. [1985, c. 395, §3(NEW).]
3.Limitation. Except as provided in this subchapter, a conservation easement is unlimited in duration unless:A. The instrument creating it otherwise provides; or [1985, c. 395, §3(NEW).]B. Change of circumstances renders the easement no longer in the public interest as determined by the court as provided in section 477-A, subsection 2, paragraph B in an action under section 478. [2007, c. 412, §3(AMD).] [2007, c. 412, §3(AMD).]
4.Interest. An interest in real property in existence 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. [1985, c. 395, §3(NEW).]
5.Entitled to enter land. The instrument creating a conservation easement must provide in what manner and at what times representatives of the holder of a conservation easement or of any person having a 3rd-party right of enforcement shall be entitled to enter the land to assure compliance. [1985, c. 395, §3(NEW).]
1985, c. 395, § 3 (NEW) . 2007, c. 412, §§2, 3 (AMD) .