38 M.R.S. § 3005 Validity; Effect On Other Instruments

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 38 M.R.S. § 3005

1.Runs with land. An environmental covenant that complies with this chapter runs with the land.

[ 2005, c. 370, § 1 (NEW) .]

2.Valid and enforceable. An environmental covenant that is otherwise effective is valid and enforceable even if:

A. It is not appurtenant to an interest in real property; [ 2005, c. 370, § 1 (NEW) .]

B. It can be or has been assigned to a person other than the original holder; [ 2005, c. 370, § 1 (NEW) .]

C. It is not of a character that has been recognized traditionally at common law; [ 2005, c. 370, § 1 (NEW) .]

D. It imposes a negative burden; [ 2005, c. 370, § 1 (NEW) .]

E. It imposes an affirmative obligation on a person having an interest in the real property or on the holder; [ 2005, c. 370, § 1 (NEW) .]

F. The benefit or burden does not touch or concern real property; [ 2005, c. 370, § 1 (NEW) .]

G. There is no privity of estate or contract; [ 2005, c. 370, § 1 (NEW) .]

H. The holder dies, ceases to exist, resigns or is replaced; or [ 2005, c. 370, § 1 (NEW) .]

I. The owner of an interest subject to the environmental covenant and the holder are the same person. [ 2005, c. 370, § 1 (NEW) .]