(a) An environmental covenant that complies with this chapter runs with the land.
Terms Used In Alabama Code 35-19-5
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Contract: A legal written agreement that becomes binding when signed.
Deed: The legal instrument used to transfer title in real property from one person to another.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
property: includes both real and personal property. See Alabama Code 1-1-1
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply:
(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.(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 which would qualify as activity and use limitations except for the fact that the instrument was recorded before January 1, 2008, is not invalid or unenforceable because 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 this state.
