§3005.__Validity; effect on other instruments

1.__Runs with land.__An environmental covenant that complies with this chapter runs with the land.

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;

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.__Instrument recorded prior to effective date of chapter.__ 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. This chapter does not apply in any other respect to such an instrument.

4.__Not invalidate or render unenforceable.__This chapter does not invalidate or render unenforceable any interest, condition, declaration, covenant or environmental covenant, regardless of how designated, that is otherwise enforceable under