Illinois Compiled Statutes 765 ILCS 122 Uniform Environmental Covenants Act. Section 5

    (765 ILCS 122/5)

    Sec. 5. Validity; effect on other instruments.

    (a) An environmental covenant that complies with this Act 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


        (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.

        (5) It imposes an affirmative obligation on a person

    having an interest in the real property or on the holder.

        (6) The benefit or burden does not touch or concern

    real property.

        (7) There is no privity of estate or contract.

        (8) The holder dies, ceases to exist, resigns, or is


        (9) The owner of an interest subject to the

    environmental covenant and the holder are the same person.

    (c) 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 Act is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) or because it was identified as an easement, servitude, deed restriction, or other interest. This Act does not apply in any other respect to such an instrument.

    (d) This Act does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this State, including but not limited to interests compliant with 35 Ill. Adm. Code 742, Subpart J.

(Source: P.A. 95-845, eff. 1-1-09.)

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Last modified: February 18, 2015