2017 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 80 - Environmental Covenants 224.80-140 Environmental covenant to run with the land -- When covenants to be deemed valid and enforceable -- Validity of instruments recorded before June 20, 2005.
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224.80-140 Environmental covenant to run with the land -- When covenants to be
deemed valid and enforceable -- Validity of instruments recorded before June
20, 2005.
(1)
(2)
(3)
(4)
An environmental covenant in compliance with the provisions of KRS 224.80-100
to 224.80-210 shall run with the land.
An environmental covenant that is otherwise effective shall be deemed valid and
shall be enforceable even if:
(a) The environmental covenant is not appurtenant to an interest in real property;
(b) The environmental covenant can be or has been assigned to a person other
than the original holder;
(c) The environmental covenant is not of a character that has been recognized
traditionally in common law;
(d) The environmental covenant imposes a negative burden;
(e) The environmental covenant 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.
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 June 20, 2005, shall not be invalidated or deemed
unenforceable due to:
(a) Any of the limitations on enforcement of interests described in paragraphs (a)
to (i) of subsection (2) of this section; or
(b) The identification of the instrument as an easement, servitude, deed
restriction, or other interest.
KRS 224.80-100 to 224.80-210 shall not invalidate or render unenforceable any
interest, whether designated as an environmental covenant or other interest, that is
otherwise enforceable under the law.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 5, effective June 20, 2005.
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