57-25-105 - Validity -- Effect on other instruments. - Utah Statutes

57-25-105. 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 evenif:
(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 propertyor 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 thesame person.
(3) (a) An instrument that creates restrictions or obligations with respect to real propertythat would qualify as activity and use limitations except for the fact that the instrument wasrecorded before the effective date of this chapter is not invalid or unenforceable because of anyof the limitations on enforcement of interests described in Subsection (2) or because it wasidentified as an easement, servitude, deed restriction, or other interest.
(b) This chapter does not apply in any other respect to an instrument covered underSubsection (3)(a).
(4) This chapter does not invalidate or render unenforceable any interest, whetherdesignated as an environmental covenant or other interest, that is otherwise enforceable underUtah law.

Enacted by Chapter 51, 2006 General Session