KRS 224.80-140: Environmental covenant to run with the land -- When covenants to be

deemed valid and enforceable -- Validity of instruments recorded before June

20, 2005.

(1) An environmental covenant in compliance with the provisions of KRS 224.80 -100

to 224.80-210 shall run with the land.

(2) An environmental covenant that is otherwise effective shall be deemed valid and

shall be enforceable even if:

(a) The environmental covenant is not appurtenant to an interest in real property;

(b) The environmental covenant can be or has been assigned to a person other

than the original holder;

(c) The environmental covenant is not of a character that has been recognized

traditionally in common law;

(d) The environmental covenant imposes a negative burden;

(e) The environment al covenant 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) An instrument that creates restrictions or obligations with respect to real property

that would qualify as ac tivity and use limitations except for the fact that the

instrument was recorded before June 20, 2005, shall not be invalidated or deemed

unenforceable due to:

(a) Any of the limitations on enforcement of interests described in paragraphs (a)

to (i) of subsection (2) of this section; or

(b) The identification of the instrument as an easement, servitude, deed

restriction, or other interest.

(4) KRS 224.80 -100 to 224.80 -210 shall not invalidate or render unenforceable any

interest, whether designated as an environmental covenant or other interest, that is

otherwise enforceable under the law.