70-17-102: Servitudes not attached to land.

The following land burdens or servitudes upon land may be granted and held though not attached to land:

(1) the right of pasture and of fishing and taking game;

(2) the right of a seat in church;

(3) the right of burial;

(4) the right of taking rents and tolls;

(5) the right-of-way;

(6) the right of taking water, wood, minerals, or other things;

(7) the right of conserving open space to preserve park, recreational, historic, aesthetic, cultural, and natural values on or related to land.