§ 38 §3005 — Validity; effect on other instruments

1.
Runs with land.
An environmental covenant that complies with this chapter runs with the land.
2.
Valid and enforceable.
An environmental covenant that is otherwise effective is valid and enforceable even if:
3.
Instrument recorded prior to effective date of chapter.
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 the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 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.
Not invalidate or render unenforceable.
This chapter does not invalidate or render unenforceable any interest, condition, declaration, covenant or environmental covenant, regardless of how designated, that is otherwise enforceable under the law of this State, whether created before or after the adoption of this chapter, including, without limitation, those adopted pursuant to section 343‑E.

Legislative History

PL 2005, c. 370, §1 (NEW).