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ROBERT L. EHRLICH, JR., Governor Ch. 229
(2) ANY PERSON OTHER THAN AN AGENCY THAT SIGNS AN
ENVIRONMENTAL COVENANT IS BOUND BY THE OBLIGATIONS THE PERSON
ASSUMES IN THE COVENANT, BUT SIGNING THE COVENANT DOES NOT CHANGE
OBLIGATIONS, RIGHTS, OR PROTECTIONS GRANTED OR IMPOSED UNDER LAW OTHER
THAN THIS SUBTITLE EXCEPT AS PROVIDED IN THE COVENANT.
(D) (1) THE PROVISIONS OF THIS SUBSECTION APPLY TO INTERESTS IN
REAL PROPERTY IN EXISTENCE AT THE TIME AN ENVIRONMENTAL COVENANT IS
CREATED OR AMENDED.
(2) AN INTEREST THAT HAS PRIORITY UNDER OTHER LAW IS NOT
AFFECTED BY AN ENVIRONMENTAL COVENANT UNLESS THE PERSON THAT OWNS
THE INTEREST SUBORDINATES THAT INTEREST TO THE COVENANT.
(3) A PERSON THAT OWNS AN INTEREST THAT HAS PRIORITY UNDER
OTHER LAW IS NOT REQUIRED UNDER THIS SUBTITLE TO SUBORDINATE THAT
INTEREST TO AN ENVIRONMENTAL COVENANT OR TO AGREE TO BE BOUND BY THE
COVENANT.
(4) (I) A SUBORDINATION AGREEMENT MAY BE CONTAINED IN AN
ENVIRONMENTAL COVENANT COVERING REAL PROPERTY OR IN A SEPARATE
RECORD.
(II) IF THE ENVIRONMENTAL COVENANT COVERS COMMONLY
OWNED PROPERTY IN A COMMON INTEREST COMMUNITY, THE RECORD MAY BE
SIGNED BY ANY PERSON AUTHORIZED BY THE GOVERNING BOARD OF THE OWNERS'
ASSOCIATION.
(5) AN AGREEMENT BY A PERSON TO SUBORDINATE AN INTEREST THAT
HAS PRIORITY UNDER OTHER LAW TO AN ENVIRONMENTAL COVENANT AFFECTS
THE PRIORITY OF THAT PERSON'S INTEREST BUT DOES NOT BY ITSELF IMPOSE ANY
AFFIRMATIVE OBLIGATION ON THE PERSON WITH RESPECT TO THE
ENVIRONMENTAL COVENANT.
1-804.
(A) AN ENVIRONMENTAL COVENANT THAT COMPLIES WITH THIS SUBTITLE
RUNS WITH THE LAND.
(B) AN ENVIRONMENTAL COVENANT THAT IS OTHERWISE EFFECTIVE IS
VALID AND ENFORCEABLE EVEN IF:
(1) IT IS NOT APPURTENANT TO AN INTEREST IN REAL PROPERTY;
(2) IT CAN BE OR HAS BEEN ASSIGNED TO A PERSON OTHER THAN THE
ORIGINAL HOLDER;
(3) IT IS NOT OF A CHARACTER THAT HAS BEEN RECOGNIZED
TRADITIONALLY AT COMMON LAW;
(4) IT IMPOSES A NEGATIVE BURDEN;
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- 1233 -
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