A cultural properties preservation easement is valid even though the cultural properties preservation easement:
A. is not appurtenant to an interest in real properties;
B. imposes a negative covenant that is a restriction on the use of the land that is subject to the terms of the easement;
C. imposes affirmative obligations upon the owner of any interest in the property subject to the easement or upon the holder;
D. does not touch or concern real property; or
E. does not establish any privity of estate or of contract.