2019 US Virgin Islands Code
Title 28 - Property
Chapter 18 - Uniform Environmental Covenants Act of 2006
§ 385. Validity; effect on other instruments
(a) An environmental covenant that complies with this chapter 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 any 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 activity and use limitations designed to protect human health or the environment and that was agreed to before the effective date of this chapter is not invalid or unenforceable by reason of any of the limitations on enforcement of interests described in subsection (b) 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.
(d) 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 the Virgin Islands.
