(a) An environmental covenant entered into in accordance with Alaska Stat. § 46.04.300 – 46.04.390 runs with the land.
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Terms Used In Alaska Statutes 46.04.310

  • 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, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) An environmental covenant 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 traditionally recognized 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; or
(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 that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of Alaska Stat. § 46.04.300 – 46.04.390 is not invalid or unenforceable because of any of the limitations on enforcement of interests described in (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. Except as provided in this section, Alaska Stat. § 46.04.300-46.04.390 do not apply to an instrument described in this subsection.
(d)Alaska Stat. § 46.04.300 – 46.04.390 do 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.
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