47-37-04. Validity - Effect on other instruments

47-37-04. Validity - Effect on other instruments

1. An environmental covenant that complies with this chapter runs with the land.

2. An environmental covenant that is otherwise effective is valid and enforceable even if:

a. It is not appurtenant to an interest in real property;

b. It can be or has been assigned to a person other than the original holder;

c. It is not of a character that has been recognized traditionally at common law;

d. It imposes a negative burden;

e. It 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 August 1, 2021, 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.

4. This chapter does not invalidate or render unenforceable any interest, whether

designated as an environmental covenant or other interest, which is otherwise

enforceable under the law of this state.