(a) The owner or another person designated by the Department shall provide a copy of a signed environmental covenant as required by the Department to:

(1) All persons who signed the covenant;

(2) All persons holding a recorded interest in the real property subject to the covenant;

(3) All persons in possession of the real property subject to the covenant;

(4) Each municipality or other unit of local government in which real property subject to the covenant is located; and

(5) Any other persons the Department requires.

Terms Used In Delaware Code Title 7 Sec. 7912

  • Department: means the Department of Natural Resources and Environmental Control (DNREC). See Delaware Code Title 7 Sec. 7907
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Delaware Code Title 7 Sec. 7907
  • 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.

(b) Failure to provide a copy of the covenant as required by the Department does not affect the covenant’s validity.

75 Del. Laws, c. 206, § ?1;

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