{"data":{"id":"us-dc/d.c.-code-42-202","jurisdiction":"us-dc","citation":"D.C. Code § 42-202","heading":"Exemption from recordation and transfer tax.","body":"(a)\n(1)\nExcept as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, provided that the recordation of any conservation easement as defined in § 42-201, or of any assignment, release, modification, termination, or other alteration of a conservation easement shall be exempt from the recordation tax imposed by § 42-1103, and from the transfer tax imposed by § 47-903.\n(2)\nThe exemption provided for in paragraph (1) of this subsection shall not apply if the consideration for the conservation easement exceeds $100 in value.\n\n(b)\nNo right or duty in favor of or against a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.\n\n(c)\nExcept as provided in § 42-203(b), a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.\n\n(d)\nAn interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.\n\n(e)\nA conservation easement is valid even under the following circumstances:\n(1)\nIt is not appurtenant to an interest in real property;\n(2)\nIt can be or has been assigned to another holder;\n(3)\nIt is not of a character that has been recognized traditionally at common law;\n(4)\nIt imposes a negative burden;\n(5)\nIt imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;\n(6)\nThe benefit does not touch or concern real property; or\n(7)\nThere is no privity of estate or of contract.","path":["Title 42. Real Property.","Chapter 2. Conservation Easements."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/42-202","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"588ebb9cf0c4b562c814153658ed8db514877fecabf32b34244d2c579d56e7d5","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-42-201","next":"us-dc/d.c.-code-42-202.01"},"notice":"GroundRules: Original legal text. Not legal advice."}