{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1241.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1241.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1241.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1241.html"}],"law_id":79177,"edition_id":1,"section_id":79177,"structure_id":14204,"section_number":"10.1-1241","catch_line":"Effect on other instruments; validity","history":"2010, c. 691; 2012, c. 278.","full_text":"A\n\nAn environmental covenant that complies with this chapter runs with the land.B\n\nAn environmental covenant that is otherwise effective is valid and enforceable even if:1\n\nIt is not appurtenant to an interest in real property;2\n\nIt can be or has been assigned to a person other than the original holder;3\n\nIt is not of a character that has been recognized traditionally at common law;4\n\nIt imposes a negative burden;5\n\nIt imposes an affirmative obligation on a person having an interest in the real property or on the holder;6\n\nThe benefit or burden does not touch or concern real property;7\n\nThere is no privity of estate or contract;8\n\nThe holder dies, ceases to exist, resigns, or is replaced; or9\n\nThe owner of an interest subject to the environmental covenant and the holder are the same person.C\n\nAn instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection B or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.D\n\nThis chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of the Commonwealth.E\n\nAn environmental covenant pursuant to this chapter may be utilized only when agreed to by the agencies, owners, and holders to such covenant. When restrictions and obligations are imposed on real property in connection with an environmental response project, they may be drafted and recorded in any manner permissible under the laws of Virginia. This chapter applies only to activity and use limitations drafted and recorded in accordance with the provisions of this chapter.","order_by":null,"text":{"0":{"id":283544,"text":"An environmental covenant that complies with this chapter runs with the land.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283545,"text":"An environmental covenant that is otherwise effective is valid and enforceable even if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":283546,"text":"It is not appurtenant to an interest in real property;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":283547,"text":"It can be or has been assigned to a person other than the original holder;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":283548,"text":"It is not of a character that has been recognized traditionally at common law;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":283549,"text":"It imposes a negative burden;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":283550,"text":"It imposes an affirmative obligation on a person having an interest in the real property or on the holder;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":283551,"text":"The benefit or burden does not touch or concern real property;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":283552,"text":"There is no privity of estate or contract;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":283553,"text":"The holder dies, ceases to exist, resigns, or is replaced; or","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":283554,"text":"The owner of an interest subject to the environmental covenant and the holder are the same person.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"C"},"11":{"id":283555,"text":"An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection B or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B9","next_prefix":"D"},"12":{"id":283556,"text":"This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"13":{"id":283557,"text":"An environmental covenant pursuant to this chapter may be utilized only when agreed to by the agencies, owners, and holders to such covenant. When restrictions and obligations are imposed on real property in connection with an environmental response project, they may be drafted and recorded in any manner permissible under the laws of Virginia. This chapter applies only to activity and use limitations drafted and recorded in accordance with the provisions of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1241\/","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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 278<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":145611,"object_type":"law","relational_id":79177,"identifier":"10.1-1241","token":"10.1\/II\/12.2\/10.1-1241","url":"\/10.1-1241\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1241\/","token":"10.1\/II\/12.2\/10.1-1241","dublin_core":{"Title":"Effect on other instruments; validity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1241","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An environmental covenant<\/span> that complies with this chapter runs with the land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An environmental covenant<\/span> that is otherwise effective is valid and enforceable even if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> It is not appurtenant to an interest in real property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> It can be or has been assigned to a person<\/span> other than the original holder<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> It is not of a character that has been recognized traditionally at common law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> It imposes a negative burden; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> It imposes an affirmative obligation on a person<\/span> having an interest in the real property or on the holder<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The benefit or burden does not touch or concern real property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> There is no privity of estate or contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The holder<\/span> dies, ceases to exist, resigns, or is replaced; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The owner of an interest subject to the environmental covenant<\/span> and the holder<\/span> are the same person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations<\/span> except for the fact<\/span> that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection B or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant<\/span> or other interest, that is otherwise enforceable under the law of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An environmental covenant<\/span> pursuant to this chapter may be utilized only when agreed to by the agencies, owners, and holders<\/span> to such covenant. When restrictions and obligations are imposed on real property in connection with an environmental response project<\/span>, they may be drafted and recorded in any manner permissible under the laws<\/span> of Virginia. This chapter applies only to activity and use limitations<\/span> drafted and recorded in accordance with the provisions of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT ON OTHER INSTRUMENTS; VALIDITY (\u00a7 10.1-1241)\n\nA. An environmental covenant that complies with this chapter runs with the land.\n\nB. An environmental covenant that is otherwise effective is valid and\nenforceable even if:\n\n 1. It is not appurtenant to an interest in real property;\n\n 2. It can be or has been assigned to a person other than the original holder;\n\n 3. It is not of a character that has been recognized traditionally at common\n law;\n\n 4. It imposes a negative burden;\n\n 5. It imposes an affirmative obligation on a person having an interest in the\n real property or on the holder;\n\n 6. The benefit or burden does not touch or concern real property;\n\n 7. There is no privity of estate or contract;\n\n 8. The holder dies, ceases to exist, resigns, or is replaced; or\n\n 9. The owner of an interest subject to the environmental covenant and the\n holder are the same person.\n\nC. An instrument that creates restrictions or obligations with respect to real\nproperty that would qualify as activity and use limitations except for the fact\nthat the instrument was recorded before the effective date of this chapter is\nnot invalid or unenforceable because of any of the limitations on enforcement of\ninterests described in subsection B or because it was identified as an easement,\nservitude, deed restriction, or other interest. This chapter does not apply in\nany other respect to such an instrument.\n\nD. This chapter does not invalidate or render unenforceable any interest,\nwhether designated as an environmental covenant or other interest, that is\notherwise enforceable under the law of the Commonwealth.\n\nE. An environmental covenant pursuant to this chapter may be utilized only when\nagreed to by the agencies, owners, and holders to such covenant. When\nrestrictions and obligations are imposed on real property in connection with an\nenvironmental response project, they may be drafted and recorded in any manner\npermissible under the laws of Virginia. This chapter applies only to activity\nand use limitations drafted and recorded in accordance with the provisions of\nthis chapter.\n\nHISTORY: 2010, c. 691; 2012, c. 278.","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}}