Ala. Admin. Code r. 335-5-2-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-5-2-.02 - Covenant Rules

(1) An environmental covenant that complies with the Act and 335-5 runs with the land.

(2) An environmental covenant that is otherwise effective is valid and enforceable even if one or more of the following conditions apply:

(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.

(i) The owner of an interest subject to the environmental covenant and the holder are the same person.

(3) An environmental covenant or an instrument that created restrictions or obligations with respect to real property and which was recorded before the effective date of 335-5 is not invalidated because it may not comply with all provisions of the Act or 335-5, or because it was identified as an easement, servitude, deed restriction, or other interest. 335-5 does not apply in any other respect to such an instrument.

(4) Neither the Act nor 335-5 invalidates or renders unenforceable any interest, whether designated as an environmental covenant or other interest, which is otherwise enforceable under the laws of this State.

Ala. Admin. Code r. 335-5-2-.02

New Rule: Filed April 21, 2009; effective May 26, 2009.

Authors: James L. Bryant; Lawrence A. Norris

Statutory Authority:Code of Ala. 1975, §§ 35-19-5; 35-19-13.