Kentucky Revised Statutes Title XVIII. Public Health § 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

(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 environmental 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.

(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.