[§508C-5]  Validity; effect on other
instruments.  (a)  An environmental covenant that complies with this
chapter shall run with the land.



(b)  An environmental covenant that is
otherwise effective shall be valid and enforceable even if:



(1)  It is not appurtenant to an interest in real
property;



(2)  It can be or has been assigned to a person other
than the original 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 an affirmative obligation on a person
having an interest in the real property or on the holder;



(6)  The benefit or burden does not touch or concern
real property;



(7)  There is no privity of estate or contract;



(8)  The holder dies, ceases to exist, resigns, or is
replaced; or



(9)  The owner of an interest subject to the
environmental covenant and the holder are the same person.



(c)  An instrument that creates restrictions or
obligations with respect to real property that would qualify as activity or use
limitations except for the fact that the instrument was recorded before July 6,
2006, shall not be invalid or unenforceable because of any of the limitations
on enforcement of interests described in subsection (b), or because it was
identified as an easement, servitude, deed restriction, or other interest. 
This chapter shall not apply in any other respect to such an instrument.



(d)  This chapter shall not invalidate or
render unenforceable any interest, whether designated as an environmental
covenant or other interest that is otherwise enforceable under the law of this
State. [L 2006, c 279, pt of §2]



 



Revision Note



 



  "July 6, 2006," substituted for "the effective
date of this chapter".