Oklahoma § 60-49.15 - Validity - Effective on other instruments

§ 60-49.15. Validity - Effective on other instruments

VALIDITY; EFFECT ON OTHER INSTRUMENTS.

A. An environmental covenant that complies with the Uniform

Environmental Covenants Act 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 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 January 1, 2007, is not invalid or unenforceable because of

any of the limitations on enforcement of interests described in

subsection B of this section or because it was identified as an

easement, servitude, deed restriction, or other interest. The

Uniform Environmental Covenants Act does not apply in any other

respect to such an instrument.

D. The Uniform Environmental Covenants Act 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.

Added by Laws 2006, c. 182, § 5, eff. Jan. 1, 2007.

Oklahoma Statutes - Title 60. Property