Idaho § 55-3005 VALIDITY — EFFECT ON OTHER INSTRUMENTS

Idaho Statutes

§ 55-3005 — VALIDITY — EFFECT ON OTHER INSTRUMENTS

Idaho § 55-3005

Title 55PROPERTY IN GENERAL

Ch. 30UNIFORM ENVIRONMENTAL COVENANTS ACT

This text of Idaho § 55-3005 (VALIDITY — EFFECT ON OTHER INSTRUMENTS) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 55-3005 (2026).

Text

(1)An environmental covenant that complies with this chapter runs with the land.

(2)An environmental covenant that is otherwise effective is valid and enforceable even if:

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

(b)It can be or has been assigned to a person other than the original holder;

(c)It is not of a character that has been recognized traditionally at common law;

(d)It imposes a negative burden;

(e)It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

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

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

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

(i)The owner of an interest subject to the environmental covenant and the holde

Free access — add to your briefcase to read the full text and ask questions with AI

(1) An environmental covenant that complies with this chapter runs with the land.
(2) An environmental covenant that is otherwise effective is valid and enforceable even if:
(a) It is not appurtenant to an interest in real property;
(b) It can be or has been assigned to a person other than the original holder;
(c) It is not of a character that has been recognized traditionally at common law;
(d) It imposes a negative burden;
(e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) The benefit or burden does not touch or concern real property;
(g) There is no privity of estate or contract;
(h) The holder dies, ceases to exist, resigns, or is replaced; or
(i) The owner of an interest subject to the environmental covenant and the holder are the same person.
(3) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2006, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (2) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.
(4) This chapter does 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.