State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-38

§ 121‑38.  Validity ofagreements.

(a)        No conservation orpreservation agreement shall be unenforceable because of

(1)        Lack of privity ofestate or contract, or

(2)        Lack of benefit toparticular land or person, or

(3)        The assignability ofthe benefit to another holder as defined in this Article.

(b)        These agreementsare interests in land and may be acquired by any holder in the same manner asit may acquire other interests in land.

(c)        These agreementsmay be effective perpetually or for shorter stipulated periods of time.

(d)        These agreementsmay impose present, future, or continuing obligations on either party to theagreement, or their successors, in furtherance of the purposes of theagreement.

(e)        These agreementsmay contain provisions which require the payment of a fee upon a futureconveyance of the property that is subject to the agreement.  (1979, c. 747, s. 5; 2008‑165,s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-38

§ 121‑38.  Validity ofagreements.

(a)        No conservation orpreservation agreement shall be unenforceable because of

(1)        Lack of privity ofestate or contract, or

(2)        Lack of benefit toparticular land or person, or

(3)        The assignability ofthe benefit to another holder as defined in this Article.

(b)        These agreementsare interests in land and may be acquired by any holder in the same manner asit may acquire other interests in land.

(c)        These agreementsmay be effective perpetually or for shorter stipulated periods of time.

(d)        These agreementsmay impose present, future, or continuing obligations on either party to theagreement, or their successors, in furtherance of the purposes of theagreement.

(e)        These agreementsmay contain provisions which require the payment of a fee upon a futureconveyance of the property that is subject to the agreement.  (1979, c. 747, s. 5; 2008‑165,s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_121 > GS_121-38

§ 121‑38.  Validity ofagreements.

(a)        No conservation orpreservation agreement shall be unenforceable because of

(1)        Lack of privity ofestate or contract, or

(2)        Lack of benefit toparticular land or person, or

(3)        The assignability ofthe benefit to another holder as defined in this Article.

(b)        These agreementsare interests in land and may be acquired by any holder in the same manner asit may acquire other interests in land.

(c)        These agreementsmay be effective perpetually or for shorter stipulated periods of time.

(d)        These agreementsmay impose present, future, or continuing obligations on either party to theagreement, or their successors, in furtherance of the purposes of theagreement.

(e)        These agreementsmay contain provisions which require the payment of a fee upon a futureconveyance of the property that is subject to the agreement.  (1979, c. 747, s. 5; 2008‑165,s. 1.)

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