{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1239.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1239.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1239.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1239.html"}],"law_id":70618,"edition_id":1,"section_id":70618,"structure_id":14204,"section_number":"10.1-1239","catch_line":"Nature of rights; subordination of interests","history":"2010, c. 691.","full_text":"A\n\nAny person, including a person that owns an interest in the real property, the 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.B\n\nA right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.C\n\nAn agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.D\n\nThe following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:1\n\nAn interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.2\n\nThis chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.3\n\nA subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners’ association.4\n\nAn agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant or affect that person’s existing liability.","order_by":null,"text":{"0":{"id":254795,"text":"Any person, including a person that owns an interest in the real property, the 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254796,"text":"A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254797,"text":"An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":254798,"text":"The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":254799,"text":"An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":254800,"text":"This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":254801,"text":"A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners’ association.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":254802,"text":"An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant or affect that person’s existing liability.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3"}},"ancestry":[{"id":14204,"edition_id":1,"name":"Uniform Environmental Covenants Act","identifier":"12.2","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:47:16","date_modified":"2026-06-26 03:47:16","permalink":{"id":145597,"object_type":"structure","relational_id":14204,"identifier":"12.2","token":"10.1\/II\/12.2","url":"\/10.1\/II\/12.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74127,"structure_id":14204,"section_number":"10.1-1238","catch_line":"Definitions","url":"\/10.1-1238\/","token":"10.1\/II\/12.2\/10.1-1238","metadata":false},{"id":70618,"structure_id":14204,"section_number":"10.1-1239","catch_line":"Nature of rights; subordination of interests","url":"\/10.1-1239\/","token":"10.1\/II\/12.2\/10.1-1239","metadata":false},{"id":60749,"structure_id":14204,"section_number":"10.1-1240","catch_line":"Contents of environmental covenant","url":"\/10.1-1240\/","token":"10.1\/II\/12.2\/10.1-1240","metadata":false},{"id":79177,"structure_id":14204,"section_number":"10.1-1241","catch_line":"Effect on other instruments; validity","url":"\/10.1-1241\/","token":"10.1\/II\/12.2\/10.1-1241","metadata":false},{"id":55393,"structure_id":14204,"section_number":"10.1-1242","catch_line":"Relationship to other land use law","url":"\/10.1-1242\/","token":"10.1\/II\/12.2\/10.1-1242","metadata":false},{"id":87102,"structure_id":14204,"section_number":"10.1-1243","catch_line":"Notice","url":"\/10.1-1243\/","token":"10.1\/II\/12.2\/10.1-1243","metadata":false},{"id":71300,"structure_id":14204,"section_number":"10.1-1244","catch_line":"Recording","url":"\/10.1-1244\/","token":"10.1\/II\/12.2\/10.1-1244","metadata":false},{"id":72524,"structure_id":14204,"section_number":"10.1-1245","catch_line":"Duration; amendment by court action","url":"\/10.1-1245\/","token":"10.1\/II\/12.2\/10.1-1245","metadata":false},{"id":58057,"structure_id":14204,"section_number":"10.1-1246","catch_line":"Amendment or termination by consent","url":"\/10.1-1246\/","token":"10.1\/II\/12.2\/10.1-1246","metadata":false},{"id":61032,"structure_id":14204,"section_number":"10.1-1247","catch_line":"Enforcement of environmental covenant","url":"\/10.1-1247\/","token":"10.1\/II\/12.2\/10.1-1247","metadata":false},{"id":87487,"structure_id":14204,"section_number":"10.1-1248","catch_line":"Fees; Environmental Covenants Fund established","url":"\/10.1-1248\/","token":"10.1\/II\/12.2\/10.1-1248","metadata":false},{"id":73673,"structure_id":14204,"section_number":"10.1-1249","catch_line":"Relation to Electronic Signatures in Global and National Commerce Act","url":"\/10.1-1249\/","token":"10.1\/II\/12.2\/10.1-1249","metadata":false},{"id":61353,"structure_id":14204,"section_number":"10.1-1250","catch_line":"Regulations","url":"\/10.1-1250\/","token":"10.1\/II\/12.2\/10.1-1250","metadata":false}],"previous_section":{"id":74127,"structure_id":14204,"section_number":"10.1-1238","catch_line":"Definitions","url":"\/10.1-1238\/","token":"10.1\/II\/12.2\/10.1-1238","metadata":false},"next_section":{"id":60749,"structure_id":14204,"section_number":"10.1-1240","catch_line":"Contents of environmental covenant","url":"\/10.1-1240\/","token":"10.1\/II\/12.2\/10.1-1240","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1239\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 691<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":74127,"section_number":"10.1-1238","catch_line":"Definitions","order_by":null,"url":"\/10.1-1238\/"}],"refers_to":false,"permalink":{"id":145603,"object_type":"law","relational_id":70618,"identifier":"10.1-1239","token":"10.1\/II\/12.2\/10.1-1239","url":"\/10.1-1239\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1239\/","token":"10.1\/II\/12.2\/10.1-1239","dublin_core":{"Title":"Nature of rights; subordination of interests","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1239","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span>, including a person<\/span> that owns an interest in the real property, the agency<\/span>, or a municipality or other unit of local government, may be a holder<\/span>. An environmental covenant<\/span> may identify more than one holder<\/span>. The interest of a holder<\/span> is an interest in real property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A right of an agency<\/span> under this chapter or under an environmental covenant<\/span>, other than a right as a holder<\/span>, is not an interest in real property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An agency<\/span> is bound by any obligation it assumes in an environmental covenant<\/span>, but an agency<\/span> does not assume obligations merely by signing an environmental covenant<\/span>. Any other person<\/span> that signs an environmental covenant<\/span> is bound by the obligations the person<\/span> assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law<\/span> other than this chapter except as provided in the covenant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The following rules apply to interests in real property in existence at the time an environmental covenant<\/span> is created or amended: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An interest that has priority under other law<\/span> is not affected by an environmental covenant<\/span> unless the person<\/span> that owns the interest subordinates that interest to the covenant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> This chapter does not require a person<\/span> that owns a prior interest to subordinate that interest to an environmental covenant<\/span> or to agree to be bound by the covenant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A subordination<\/span> agreement may be contained in an environmental covenant<\/span> covering real property or in a separate record. If the environmental covenant<\/span> covers commonly owned property in a common interest community<\/span>, the record may be signed by any person<\/span> authorized by the governing board of the owners’ association. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An agreement by a person<\/span> to subordinate a prior interest to an environmental covenant<\/span> affects the priority of that person<\/span>’s interest but does not by itself impose any affirmative obligation on the person<\/span> with respect to the environmental covenant<\/span> or affect that person<\/span>’s existing liability. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNATURE OF RIGHTS; SUBORDINATION OF INTERESTS (\u00a7 10.1-1239)\n\nA. Any person, including a person that owns an interest in the real property,\nthe agency, or a municipality or other unit of local government, may be a\nholder. An environmental covenant may identify more than one holder. The\ninterest of a holder is an interest in real property.\n\nB. A right of an agency under this chapter or under an environmental covenant,\nother than a right as a holder, is not an interest in real property.\n\nC. An agency is bound by any obligation it assumes in an environmental covenant,\nbut an agency does not assume obligations merely by signing an environmental\ncovenant. Any other person that signs an environmental covenant is bound by the\nobligations the person assumes in the covenant, but signing the covenant does\nnot change obligations, rights, or protections granted or imposed under law\nother than this chapter except as provided in the covenant.\n\nD. The following rules apply to interests in real property in existence at the\ntime an environmental covenant is created or amended:\n\n 1. An interest that has priority under other law is not affected by an\n environmental covenant unless the person that owns the interest subordinates\n that interest to the covenant.\n\n 2. This chapter does not require a person that owns a prior interest to\n subordinate that interest to an environmental covenant or to agree to be bound\n by the covenant.\n\n 3. A subordination agreement may be contained in an environmental covenant\n covering real property or in a separate record. If the environmental covenant\n covers commonly owned property in a common interest community, the record may\n be signed by any person authorized by the governing board of the owners’\n association.\n\n 4. An agreement by a person to subordinate a prior interest to an\n environmental covenant affects the priority of that person’s interest\n but does not by itself impose any affirmative obligation on the person with\n respect to the environmental covenant or affect that person’s existing\n liability.\n\nHISTORY: 2010, c. 691.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}