§ 10.1-1241. Effect on other instruments; validity.
A. An environmental covenant that complies with this chapter runs with theland.
B. An environmental covenant that is otherwise effective is valid andenforceable 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 commonlaw;
4. It imposes a negative burden;
5. It imposes an affirmative obligation on a person having an interest in thereal 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 theholder are the same person.
C. An instrument that creates restrictions or obligations with respect toreal property that would qualify as activity and use limitations except forthe fact that the instrument was recorded before the effective date of thischapter is not invalid or unenforceable because of any of the limitations onenforcement of interests described in subsection B or because it wasidentified as an easement, servitude, deed restriction, or other interest.This chapter does not apply in any other respect to such an instrument.
D. This chapter does not invalidate or render unenforceable any interest,whether designated as an environmental covenant or other interest, that isotherwise enforceable under the law of the Commonwealth.
§ 10.1-1241. Effect on other instruments; validity.
A. An environmental covenant that complies with this chapter runs with theland.
B. An environmental covenant that is otherwise effective is valid andenforceable 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 commonlaw;
4. It imposes a negative burden;
5. It imposes an affirmative obligation on a person having an interest in thereal 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 theholder are the same person.
C. An instrument that creates restrictions or obligations with respect toreal property that would qualify as activity and use limitations except forthe fact that the instrument was recorded before the effective date of thischapter is not invalid or unenforceable because of any of the limitations onenforcement of interests described in subsection B or because it wasidentified as an easement, servitude, deed restriction, or other interest.This chapter does not apply in any other respect to such an instrument.
D. This chapter does not invalidate or render unenforceable any interest,whether designated as an environmental covenant or other interest, that isotherwise enforceable under the law of the Commonwealth.
§ 10.1-1241. Effect on other instruments; validity.
A. An environmental covenant that complies with this chapter runs with theland.
B. An environmental covenant that is otherwise effective is valid andenforceable 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 commonlaw;
4. It imposes a negative burden;
5. It imposes an affirmative obligation on a person having an interest in thereal 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 theholder are the same person.
C. An instrument that creates restrictions or obligations with respect toreal property that would qualify as activity and use limitations except forthe fact that the instrument was recorded before the effective date of thischapter is not invalid or unenforceable because of any of the limitations onenforcement of interests described in subsection B or because it wasidentified as an easement, servitude, deed restriction, or other interest.This chapter does not apply in any other respect to such an instrument.
D. This chapter does not invalidate or render unenforceable any interest,whether designated as an environmental covenant or other interest, that isotherwise enforceable under the law of the Commonwealth.
