Section 183.004 - Validity 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 on the owner of an interest in the burdened property or on the holder;(6) the benefit does not touch or concern real property; or(7) there is no privity of estate or of contract.Tex. Nat. Res. Code § 183.004
Added by Acts 1983, 68th Leg., p. 2438, ch. 434, Sec. 1, eff. 9/1/1983.