§1583.__Judicial actions

1.__Action or intervention.__An owner of an interest in the real property burdened by a trail easement or a holder of the trail easement may bring or intervene in an action affecting the easement.

2.__Intervention only.__The State or a political subdivision of the State in which the real property burdened by a trail easement is located may intervene in an action affecting the easement.

3.__Power of court.__This chapter does not affect the power of a court to enforce a trail easement by injunction or proceeding in equity or to modify a trail easement in accordance with principles of law and equity.

§1584.__Validity

A trail easement is valid and enforceable even if:

1.__Not appurtenant to interest in real property.__It is not appurtenant to or does not run with an interest in real property;

2.__Assigned to another holder.__It can be or has been assigned to another holder;

3.__Not recognized at common law.__It is not of a character that has been recognized traditionally at common law;

4.__Negative burden.__It imposes a negative burden;

5.__Affirmative obligations.__It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

6.__Benefit does not touch or concern real property.__The benefit does not touch or concern real property;

7.__No privity of estate or of contract.__There is no privity of estate or of contract; or

8.__Does not run to successors or assigns.__It does not run to the successors or assigns of the holder.

§1585.__Interpretation of instrument creating a trail easement