Title 28, Property

[§508C-13] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq.; provided that it shall not modify, limit, or super…

[§508C-2] Definitions. As used in this chapter, unless the context otherwise requires: "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property. "Agency" means the department of health or any other state or federal a…

[§508C-3] Nature of rights; subordination of interests. (a) Any person, the agency, or a county may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property. (b) A right of an agency under this chapte…

[§508C-4] Contents of environmental covenant. (a) An environmental covenant shall: (1) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe…

[§508C-5] Validity; effect on other instruments. (a) An environmental covenant that complies with this chapter shall run with the land. (b) An environmental covenant that is otherwise effective shall be valid and enforceable even if: (1) It is not appurtenant to an interest in re…

[§508C-6] Relationship to other land use law. This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental coven…

[§508C-7] Notice. (a) A copy of an environmental covenant shall be provided by the person determined by the agency and in the manner required by the agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to th…

[§508C-8] Recording. (a) An environmental covenant and any amendment or termination of the covenant shall be recorded by the grantor of the covenant with the registrar of conveyances. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provid…

[§508C-9] Duration; amendment by court action. (a) An environmental covenant shall be considered perpetual unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to section 508C‑10; (3)…