260.1012. Enforceability of covenants, criteria. - Missouri Statutes

Enforceability of covenants, criteria.

260.1012. 1. An environmental covenant that complies with sections260.1000 to 260.1039 runs with the land.

2. An environmental covenant that is otherwise effective is valid andenforceable 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 theoriginal holder;

(3) It is not of a character that has been recognized traditionallyat common law;

(4) It imposes a negative burden;

(5) It imposes an affirmative obligation on a person having aninterest 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 covenantand the holder are the same person.

3. An instrument that creates restrictions or obligations withrespect to real property that would qualify as activity and use limitationsexcept for the fact that the instrument was recorded before January 1,2008, is not invalid or unenforceable because of any of the limitations onenforcement of interests described in subsection 2 of this section orbecause it was identified as an easement, servitude, deed restriction, orother interest. Sections 260.1000 to 260.1039 shall not apply in any otherrespect to such an instrument.

4. Sections 260.1000 to 260.1039 shall not invalidate or renderunenforceable any interest, whether designated as an environmental covenantor other interest, that is otherwise enforceable under the laws of thisstate.

(L. 2007 S.B. 54)

Effective 1-01-08