                                 CODE OF VIRGINIA

EFFECT ON OTHER INSTRUMENTS; VALIDITY (§ 10.1-1241)

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:

   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 original holder;

   3. It is not of a character that has been recognized traditionally at common
   law;

   4. It imposes a negative burden;

   5. It imposes an affirmative obligation on a person having an interest in the
   real property or on the holder;

   6. The benefit or burden does not touch or concern real property;

   7. There is no privity of estate or contract;

   8. The holder dies, ceases to exist, resigns, or is replaced; or

   9. The owner of an interest subject to the environmental covenant and the
   holder are the same person.

C. 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.

D. 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.

E. 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.

HISTORY: 2010, c. 691; 2012, c. 278.