2005 Idaho Code - 55-3005 — VALIDITY -- EFFECT ON OTHER INSTRUMENTS

                                  TITLE  55
                             PROPERTY IN GENERAL
                                  CHAPTER 30
                     UNIFORM ENVIRONMENTAL COVENANTS ACT
    55-3005.  VALIDITY -- EFFECT ON OTHER INSTRUMENTS. (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.