(1)  A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:

Terms Used In Utah Code 57-25-107

  • Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 57-25-102
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a)  each person that signed the covenant;

(b)  each person holding a recorded interest in the real property subject to the covenant;

(c)  each person in possession of the real property subject to the covenant;

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

(e)  any other person that the agency requires.

(2)  The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.

Enacted by Chapter 51, 2006 General Session