§ 7907. Definitions. As used in this subchapter: (1) “Activity and use limitations” means restrictions or obligations with respect to real property created under this subchapter. (2) “Common interest community” means a condominium or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, […]
§ 7908. Nature of rights; subordination of interests. (a) The interest of a holder is an interest in real property. The rights of the Department under this subchapter or under an approved environmental covenant, other than as a holder, are not interests in real property. (b) The Department is bound by the obligations it assumes […]
§ 7909. Contents of environmental covenant. (a) An environmental covenant must: (1) State that the instrument is an environmental covenant executed pursuant to this subchapter. (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and use limitations on the real property; (4) Identify the holder which […]
§ 7910. Validity. (a) An environmental covenant that complies with this subchapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable 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 the […]
§ 7911. Relationship to other land use law. This subchapter does not authorize a use of real property that is otherwise prohibited by zoning or by law other than this subchapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict […]
§ 7912. Notice. (a) The owner or another person designated by the Department shall provide a copy of a signed environmental covenant as required by the Department to: (1) All persons who signed the covenant; (2) All persons holding a recorded interest in the real property subject to the covenant; (3) All persons in possession […]
§ 7913. Recording. (a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. A recorded environmental covenant or a notice recorded pursuant to § 7914 of this title must be indexed in the […]
§ 7914. Duration. (a) An environmental covenant is perpetual unless: (1) Limited by its terms to a specific duration or the occurrence of a specific event; (2) Terminated by consent pursuant to § 7915 of this title; [or] (3) Terminated pursuant to subsection (b) of this section or (4) Terminated or modified by judicial decree […]
§ 7915. Amendment or termination by consent. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The Department Secretary; (2) The current owner; (3) Each person that originally signed the covenant unless: a. The person waived the right to consent in a signed […]
§ 7916. Enforcement of environmental covenant. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The Department or, (3) Any other person to whom the covenant expressly grants power to enforce; (4) A person whose interest in […]
§ 7917. Registry; substitute notice. (a) The Department shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the Department considers appropriate. The registry is a public […]
§ 7918. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 75 Del. Laws, c. 206, § 1;
§ 7919. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101 of that Act (15 U.S.C. § 7001(a)) or authorize electronic delivery of […]
§ 7920. Severability. If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable. 75 […]
