Section 1-806 – Distribution of Copies of Covenants
(a) A copy of an environmental covenant shall be provided by the persons 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 the covenant; (3) Each person in possession of the real property subject to the covenant; (4) Each municipality […]
Section 1-807 – Recordation
(a) (1) 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. (2) For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided under § 1-808(c) of this subtitle, an environmental […]
Section 1-808 – Perpetual Nature of Covenant
(a) An environmental covenant is 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 as provided under § 1-809 of this subtitle; (3) Terminated under subsection (b) of this section; (4) Terminated by foreclosure of an interest that has priority over the environmental […]
Section 1-809 – Amendment or Termination of Covenant
(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The Agency; (2) Unless waived by the Agency, the current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unless: (i) The person waived in a signed […]
Section 1-810 – Civil Actions
(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 Agency or, if it is not the Agency, the Department; (3) Any person to whom the covenant expressly grants power to enforce; (4) A person whose interest in the real property or […]