{"data":{"id":"us-ky/krs-224.80-140","jurisdiction":"us-ky","citation":"KRS 224.80-140","heading":"Environmental covenant to run with the land -- When covenants to be","body":"deemed valid and enforceable -- Validity of instruments recorded before June\n20, 2005.\n(1) An environmental covenant in compliance with the provisions of KRS 224.80 -100\nto 224.80-210 shall run with the land.\n(2) An environmental covenant that is otherwise effective shall be deemed valid and\nshall be enforceable even if:\n(a) The environmental covenant is not appurtenant to an interest in real property;\n(b) The environmental covenant can be or has been assigned to a person other\nthan the original holder;\n(c) The environmental covenant is not of a character that has been recognized\ntraditionally in common law;\n(d) The environmental covenant imposes a negative burden;\n(e) The environment al covenant imposes an affirmative obligation on a person\nhaving an interest in the real property or on the holder;\n(f) The benefit or burden does not touch or concern real property;\n(g) There is no privity of estate or contract;\n(h) The holder dies, ceases to exist, resigns, or is replaced; or\n(i) The owner of an interest subject to the environmental covenant and the holder\nare the same person.\n(3) An instrument that creates restrictions or obligations with respect to real property\nthat would qualify as ac tivity and use limitations except for the fact that the\ninstrument was recorded before June 20, 2005, shall not be invalidated or deemed\nunenforceable due to:\n(a) Any of the limitations on enforcement of interests described in paragraphs (a)\nto (i) of subsection (2) of this section; or\n(b) The identification of the instrument as an easement, servitude, deed\nrestriction, or other interest.\n(4) KRS 224.80 -100 to 224.80 -210 shall not invalidate or render unenforceable any\ninterest, whether designated as an environmental covenant or other interest, that is\notherwise enforceable under the law.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10539","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:42Z","sha256":"a4688a913534c0da6f9e08b8f416f306e7df0aa87b49b025fc17887ea4d6ae43","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.80-130","next":"us-ky/krs-224.80-150"},"notice":"GroundRules: Original legal text. Not legal advice."}