Utah § 57-25-105 - Validity -- Effect on other instruments.

Full text of Utah Utah Code § 57-25-105 — Validity -- Effect on other instruments., with citation guidance and answers to common questions.

§ 57-25-105. Validity -- Effect on other instruments.

57-25-105.  Validity -- Effect on other instruments.
(1) An environmental covenant that complies with this chapter runs with the land.
(2) An environmental covenant that is otherwise effective is valid and enforceable even if:
(a) it is not appurtenant to an interest in real property;
(b) it can be or has been assigned to a person other than the original holder;
(c) it is not of a character that has been recognized traditionally at common law;
(d) it imposes a negative burden;
(e) it imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) the benefit or burden does not touch or concern real property;
(g) there is no privity of estate or contract;
(h) the holder dies, ceases to exist, resigns, or is replaced; or
(i) the owner of an interest subject to the environmental covenant and the holder are the same person.
(3)
(a) 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 (2) or because it was identified as an easement, servitude, deed restriction, or other interest.
(b) This chapter does not apply in any other respect to an instrument covered under Subsection (3)(a).
(4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under Utah law.


Enacted by Chapter 51, 2006 General Session

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Frequently Asked Questions About Utah § 57-25-105

What does Utah Code § 57-25-105 cover?

Section 57-25-105 ("Validity -- Effect on other instruments.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 57-25-105?

A common citation format is "Utah Code § 57-25-105" (Utah). 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 Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 57-25-105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah 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 Utah.