Alabama § 35-19-5 - Validity and Enforceability of Environmental Covenants.
Full text of Alabama Code of Alabama § 35-19-5 — Validity and Enforceability of Environmental Covenants., with citation guidance and answers to common questions.
§ 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.
(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.
(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 which would qualify as activity and use limitations except for the fact that the instrument was recorded before January 1, 2008, 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 this state.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 35-19-5
What does Code of Alabama § 35-19-5 cover?
Section 35-19-5 ("Validity and Enforceability of Environmental Covenants.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 35-19-5?
A common citation format is "Code of Alabama § 35-19-5" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 35-19-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.