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Home » US Law » 2022 Code of Alabama » Title 35 - Property. » Chapter 19 - Alabama Unform Environmental Covenants Act.

Section 35-19-1 – Short Title.

Section 35-19-1 Short title. This act may be cited as the Alabama Uniform Environmental Covenants Act. (Act 2007-464, p. 972, §1.)

Section 35-19-10 – Amendment or Termination of Environmental Covenant.

Section 35-19-10 Amendment or termination of environmental covenant. (a) Unless otherwise specified in the environmental covenant, an environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by each of the following: (1) The agency, unless waived by the agency, in which event the current owner of the […]

Section 35-19-11 – Administration and Enforcement of Chapter.

Section 35-19-11 Administration and enforcement of chapter. (a) The department is designated as the administrating agency for this chapter and is empowered to administer and enforce this chapter using the authorities granted to it by the Environmental Management Act. However, such designation shall not imply that the department shall assume any administration or enforcement functions […]

Section 35-19-12 – Registry of Environmental Covenants.

Section 35-19-12 Registry of environmental covenants. (a) The Alabama Department of Environmental Management 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. […]

Section 35-19-13 – Regulations; Fees.

Section 35-19-13 Regulations; fees. The department is authorized to adopt regulations and assess fees to implement provisions of this chapter. (Act 2007-464, p. 972, §13.)

Section 35-19-14 – Construction With Federal Law.

Section 35-19-14 Construction with federal law. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in […]

Section 35-19-2 – Definitions.

Section 35-19-2 Definitions. The following terms shall have the following meanings: (1) ACTIVITY AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management. (3) COMMON INTEREST COMMUNITY. A condominium, cooperative, or other real property with respect to which a person, […]

Section 35-19-3 – Requirements for Environmental Covenants.

Section 35-19-3 Requirements for environmental covenants. (a) Any person, including a person that owns an interest in the real property, an agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. […]

Section 35-19-4 – Interest Holders; Rights of Holders and Agencies; Priority.

Section 35-19-4 Interest holders; rights of holders and agencies; priority. (a) An environmental covenant must meet all of the following requirements: (1) State that the instrument is an environmental covenant executed pursuant to this chapter. (2) Contain a legally sufficient description of the real property subject to the covenant. (3) Describe the activity and use […]

Section 35-19-5 – Validity and Enforceability of Environmental Covenants.

Section 35-19-5 Validity and enforceability of environmental covenants. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply: (1) It is not appurtenant to an interest in real property. […]

Section 35-19-6 – Relation to Zoning and Other Laws Regulating Use.

Section 35-19-6 Relation to zoning and other laws regulating use. This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or […]

Section 35-19-7 – To Whom Copies Must Be Provided.

Section 35-19-7 To whom copies must be provided. (a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to each of the following persons or entities: (1) Each person that signed the covenant. (2) Each person holding a recorded interest in the real property […]

Section 35-19-8 – Recording of Environmental Covenants.

Section 35-19-8 Recording of environmental covenants. (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. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided […]

Section 35-19-9 – Duration of Environmental Covenants.

Section 35-19-9 Duration of environmental covenants. (a) An environmental covenant is perpetual unless any of the following conditions apply: (1) The covenant is limited to a specific duration or terminated by the occurrence of a specific event. (2) The covenant is terminated or modified by consent pursuant to Section 35-19-10. (3) The covenant is terminated […]