Alaska § 46.04.310 - Validity of environmental covenant; effect on other instruments.
Full text of Alaska Alaska Statutes § 46.04.310 — Validity of environmental covenant; effect on other instruments., with citation guidance and answers to common questions.
§ 46.04.310. Validity of environmental covenant; effect on other instruments.
(a) An environmental covenant entered into in accordance with AS 46.04.300 — 46.04.390 runs with the land.
(b) An environmental covenant 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 traditionally recognized 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 December 14, 2018 is not invalid or unenforceable because of any of the limitations on enforcement of interests described in (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. Except as provided in this section, AS 46.04.300 — 46.04.390 do not apply to an instrument described in this subsection.
(d) AS 46.04.300 — 46.04.390 do 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 Alaska text · Last verified 2026-08-27
Frequently Asked Questions About Alaska § 46.04.310
What does Alaska Statutes § 46.04.310 cover?
Section 46.04.310 ("Validity of environmental covenant; effect on other instruments.") is part of the Alaska Statutes, the codified statutory law of Alaska. 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 Alaska § 46.04.310?
A common citation format is "Alaska Statutes § 46.04.310" (Alaska). 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 Alaska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.
How does Alaska § 46.04.310 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska 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 Alaska.