2012 Pennsylvania Consolidated Statutes
Title 27 - ENVIRONMENTAL RESOURCES
Chapter 65 - Uniform Environmental Covenants
Section 6505 - Validity

     § 6505.  Validity.
        (a)  Nature.--An environmental covenant which complies with
     this chapter runs with the land.
        (b)  Impediments excluded.--An environmental covenant which
     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 persons identified as owner and holder in the
        environmental covenant are the same person.
        (c)  Prior instruments.--
            (1)  An instrument which creates restrictions or
        obligations with respect to real property which would, except
        for the fact that the instrument was recorded before the
        effective date of this chapter, qualify as activity and use
        limitations is not invalid or unenforceable:
                (i)  by reason of the limitations on enforcement of
            interests described in subsection (b); or
                (ii)  because it was identified as an easement,
            servitude, deed restriction or other interest.
            (2)  This chapter does not apply in any other respect to
        an instrument referred to in paragraph (1).
        (d)  Other interests.--
            (1)  This chapter does not invalidate or render
        unenforceable any interest, whether designated as an
        environmental covenant or other interest, which is otherwise
        enforceable under the laws of this Commonwealth.
            (2)  Nothing in this chapter shall be construed to
        restrict, affect or impair the rights of any person to enter
        into or record a restrictive covenant, institution control,
        easement, servitude or other restriction on the use of
        property permitted by law that does not satisfy the
        requirements of this chapter and does not have the
        permission, approval or consent of an agency, a political
        subdivision, a regulatory body or another unit of government.
        However, a restrictive covenant, institutional control,
        easement, servitude or other restriction on the use of
        property that does not satisfy the requirements of this
        chapter and does not have such permission, approval or
        consent is not subject to this chapter.