Section 46.04.310 - Validity of environmental covenant; effect on other instruments(a) An environmental covenant entered into in accordance with AS 46.04.300 - 46.04.390 runs with the land.(b) An environmental covenant 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 traditionally recognized 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 owner of an interest subject to the environmental covenant and the holder are the same person.(c) 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 the effective date of AS 46.04.300 - 46.04.390 is not invalid or unenforceable because of any of the limitations on enforcement of interests described in (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. Except as provided in this section, AS 46.04.300-46.04.390 do not apply to an instrument described in this subsection.(d)AS 46.04.300 - 46.04.390 do 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.Added by SLA 2018, ch. 106,sec. 1, eff. 12/14/2018.