§ 7907. Definitions.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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 […]