Delaware Code Title 7 Sec. 7910 – Validity
(a) An environmental covenant that complies with this subchapter runs with the land.
Terms Used In Delaware Code Title 7 Sec. 7910
- Activity and use limitations: means restrictions or obligations with respect to real property created under this subchapter. See Delaware Code Title 7 Sec. 7907
- 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.
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Delaware Code Title 7 Sec. 7907
- Holder: means a person that is the grantee of an environmental covenant. See Delaware Code Title 7 Sec. 7907
- 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.
- Owner: means a person that owns a fee simple interest in real property that is subject to an environmental covenant. See Delaware Code Title 7 Sec. 7907
- Person: means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation or authority), limited liability company, association, state, municipality, commission, political subdivision of a state or any interstate body. See Delaware Code Title 7 Sec. 7907
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means the State of Delaware, in the United States. See Delaware Code Title 7 Sec. 7907
(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 persons identified as owner and holders in the environmental covenant 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 July 21, 2005, is not invalid or unenforceable by reason of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This subchapter does not apply in any other respect to such an instrument.
(d) This subchapter 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.