N.C. Gen. Stat. § 121-38
Validity of agreements
Redline — December 1, 2021 → current.View current text →
Current — April 1, 2022
As of December 1, 2021
(1) No conservation or preservation agreement shall be unenforceable because of Lack of privity of estate or contract, or
(1) No conservation or preservation agreement shall be unenforceable because of Lack of privity of estate or contract, or
(2) Lack of benefit to particular land or person, or
(2) Lack of benefit to particular land or person, or
(3) The assignability of the benefit to another holder as defined in this Article.
(3) The assignability of the benefit to another holder as defined in this Article.
(4) These agreements are interests in land and may be acquired by any holder in the same manner as it may acquire other interests in land.
(4) These agreements are interests in land and may be acquired by any holder in the same manner as it may acquire other interests in land.
(5) These agreements may be effective perpetually or for shorter stipulated periods of time.
(5) These agreements may be effective perpetually or for shorter stipulated periods of time.
(6) These agreements may impose present, future, or continuing obligations on either party to the agreement, or their successors, in furtherance of the purposes of the agreement.
(6) These agreements may impose present, future, or continuing obligations on either party to the agreement, or their successors, in furtherance of the purposes of the agreement.
(7) These agreements may contain provisions which require the payment of a fee upon a future conveyance of the property that is subject to the agreement.
(7) These agreements may contain provisions which require the payment of a fee upon a future conveyance of the property that is subject to the agreement.
History
(1979, c. 747, s. 5; 2008-165, s. 1.)
Effect of Amendments. - Session Laws 2008-165, s. 1, effective August 3, 2008, substituted "These" for "Such" throughout the section; and added subsection (e).
Legal Periodicals. - For article, "Private Land Use Controls: Enforcement Problems with Real Covenants and Equitable Servitudes in North Carolina," see 22 Wake Forest L. Rev. 749 (1987).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.