Kentucky Statutes 224.80-140 – Environmental covenant to run with the land — When covenants to be deemed valid and enforceable — Validity of instruments recorded before June 20, 2005
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(1) An environmental covenant in compliance with the provisions of KRS § 224.80-100 to KRS § 224.80-210 shall run with the land.
(2) An environmental covenant that is otherwise effective shall be deemed valid and shall be enforceable even if:
(a) The environmental covenant is not appurtenant to an interest in real property; (b) The environmental covenant can be or has been assigned to a person other
than the original holder;
(c) The environmental covenant is not of a character that has been recognized traditionally in common law;
(d) The environmental covenant imposes a negative burden;
(e) The environmental covenant imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) The benefit or burden does not touch or concern real property; (g) There is no privity of estate or contract;
(h) The holder dies, ceases to exist, resigns, or is replaced; or
(i) The owner of an interest subject to the environmental covenant and the holder are the same person.
(3) 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 June 20, 2005, shall not be invalidated or deemed unenforceable due to:
(a) Any of the limitations on enforcement of interests described in paragraphs (a)
to (i) of subsection (2) of this section; or
(b) The identification of the instrument as an easement, servitude, deed restriction, or other interest.
(4) KRS § 224.80-100 to KRS § 224.80-210 shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 5, effective June 20, 2005.
(2) An environmental covenant that is otherwise effective shall be deemed valid and shall be enforceable even if:
Terms Used In Kentucky Statutes 224.80-140
- 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 Kentucky Statutes 224.80-100
- Holder: means the grantee of an environmental covenant. See Kentucky Statutes 224.80-100
- Interest: means all or part of a legal equitable claim to a right in real property which shall include both possessory and nonpossessory interests. See Kentucky Statutes 224.80-100
- 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 or any other interest in real property that is subject to an environmental covenant. See Kentucky Statutes 224.80-100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Servitude: means a right, burden, or restriction on the use of real property that passes from the current owner or tenant to any owners or tenants in succession. See Kentucky Statutes 224.80-100
(a) The environmental covenant is not appurtenant to an interest in real property; (b) The environmental covenant can be or has been assigned to a person other
than the original holder;
(c) The environmental covenant is not of a character that has been recognized traditionally in common law;
(d) The environmental covenant imposes a negative burden;
(e) The environmental covenant imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) The benefit or burden does not touch or concern real property; (g) There is no privity of estate or contract;
(h) The holder dies, ceases to exist, resigns, or is replaced; or
(i) The owner of an interest subject to the environmental covenant and the holder are the same person.
(3) 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 June 20, 2005, shall not be invalidated or deemed unenforceable due to:
(a) Any of the limitations on enforcement of interests described in paragraphs (a)
to (i) of subsection (2) of this section; or
(b) The identification of the instrument as an easement, servitude, deed restriction, or other interest.
(4) KRS § 224.80-100 to KRS § 224.80-210 shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 5, effective June 20, 2005.