4.__Filing.__A working waterfront covenant must be recorded in the County Registry of Deeds, and a copy of the covenant must be filed with the Executive Department, State Planning Office together with a map showing with specificity the location of the affected real estate on the form or forms that the State Planning Office requires.

5.__Other interest.__An interest in real property in existence at the time a working waterfront covenant is created is not affected by the covenant unless the owner of the interest is a party to the covenant or consents to the covenant.

6.__Right to enter land.__The instrument creating a working waterfront covenant must provide for the right by the qualified holder to enter the real property to ensure compliance.

§133. Judicial actions

1.__Owners; qualified holders.__An action affecting a working waterfront covenant may be brought or intervened in by:

A.__An owner of an interest in the real property burdened by the covenant;

B.__A qualified holder of the benefit of the working waterfront covenant;

C.__The municipality in which the real property burdened by the covenant is located; or

D.__The Attorney General.

2.__Power of court.__The court has the following powers.

A.__The court may enforce a working waterfront covenant by injunction or other proceeding at law or in equity.

B.__Acting in accordance with charitable trust principles, the court may modify, terminate or deny equitable enforcement of a working waterfront covenant in an action brought by a party pursuant to subsection 1.__In taking such an action, the court must find that, due to a change in circumstance, the covenant no longer serves the public interest in protecting or enhancing the commercial marine