Nebraska § 76-2605 Validity; effect on other instruments

Nebraska Statutes

§ 76-2605 — Validity; effect on other instruments

Nebraska § 76-2605

Ch. 76Real Property

This text of Nebraska § 76-2605 (Validity; effect on other instruments) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 76-2605 (2026).

Text

(a)An environmental covenant that complies with the Uniform Environmental Covenants Act runs with the land.

(b)An environmental covenant that is otherwise effective is 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 environme

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(a) An environmental covenant that complies with the Uniform Environmental Covenants Act runs with the land.
(b) An environmental covenant that is otherwise effective is 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 and use limitations except for the fact that the instrument was recorded before September 4, 2005, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. The act does not apply in any other respect to such an instrument.
(d) The act 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.