Validity.
Del. Code tit. 7, § 6904
in effectA 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 upon the owner of an interest in the burdened property or upon the holder;
(6) The benefit does not touch or concern real property; or
(7) There is no privity of estate or of contract.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title7/c069/index.htmlFetched: 6/28/2026