Maine Revised Statutes Title 38 Sec. 3005 – Validity; effect on other instruments
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1. Runs with land. An environmental covenant that complies with this chapter runs with the land.
[PL 2005, c. 370, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 3005
- Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Maine Revised Statutes Title 38 Sec. 3002
- 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.
- covenant: means a servitude arising under an environmental response project and documented in a recordable instrument that imposes activity and use limitations. See Maine Revised Statutes Title 38 Sec. 3002
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Holder: means the grantee of an environmental covenant as specified in section 3003, subsection 1. See Maine Revised Statutes Title 38 Sec. 3002
- 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: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 38 Sec. 3002
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 38 Sec. 3002
2. Valid and enforceable. An environmental covenant that is otherwise effective is valid and enforceable even if:
A. It is not appurtenant to an interest in real property; [PL 2005, c. 370, §1 (NEW).]
B. It can be or has been assigned to a person other than the original holder; [PL 2005, c. 370, §1 (NEW).]
C. It is not of a character that has been recognized traditionally at common law; [PL 2005, c. 370, §1 (NEW).]
D. It imposes a negative burden; [PL 2005, c. 370, §1 (NEW).]
E. It imposes an affirmative obligation on a person having an interest in the real property or on the holder; [PL 2005, c. 370, §1 (NEW).]
F. The benefit or burden does not touch or concern real property; [PL 2005, c. 370, §1 (NEW).]
G. There is no privity of estate or contract; [PL 2005, c. 370, §1 (NEW).]
H. The holder dies, ceases to exist, resigns or is replaced; or [PL 2005, c. 370, §1 (NEW).]
I. The owner of an interest subject to the environmental covenant and the holder are the same person. [PL 2005, c. 370, §1 (NEW).]
[PL 2005, c. 370, §1 (NEW).]
3. Instrument recorded prior to effective date of chapter. 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 this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 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.
[PL 2005, c. 370, §1 (NEW).]
4. Not invalidate or render unenforceable. This chapter does not invalidate or render unenforceable any interest, condition, declaration, covenant or environmental covenant, regardless of how designated, that is otherwise enforceable under the law of this State, whether created before or after the adoption of this chapter, including, without limitation, those adopted pursuant to section 343?E.
[PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).