Ala. Admin. Code r. 335-5-3-.02 - Recording Covenants
(1) An
environmental covenant and any amendment or termination of the covenant must be
recorded by the owner or operator or other responsible person in every county
where any portion of the real property subject to the covenant is located. The
environmental covenant shall be indexed to the grantor's property in the land
records. For purposes of indexing, a holder shall be treated as a
grantee.
(2) Except as otherwise
provided in
335-5-4-.01(3),
an environmental covenant is subject to the laws of the State governing
recording and priority of interests in real property.
(3)
Content of Recording
Instrument. In lieu of recording the entire covenant, an ADEM
approved notice may be recorded which must contain all of the following:
(a) A legally sufficient description and any
available street address of the real property subject to the
covenant.
(b) The names and
addresses of the owner of the fee simple interest in the real property, the
Department, and the holder if other than the Department.
(c) A statement that the covenant, amendment,
or termination is available in a registry at the Department.
(d) A statement that the notice is
notification of an environmental covenant executed pursuant to this
Act.
(4) The
requirements of 335-5-3-.02(3) are satisfied with a statement, executed with
the same formalities as a deed in the State of Alabama, in substantially the
following form:
(a) This notice is filed in
the land records of the Probate Office of ________ County, Alabama, pursuant to
Section 12 of the Alabama Uniform Environmental Covenants Act.
(b) This notice and the covenant, amendment,
or termination to which it refers may impose significant obligations with
respect to the property described below.
(c) A legal description of the property is
attached as Exhibit A to this notice. The address of the property that is
subject to the environmental covenant is [insert address of property or not
available].
(d) The name and
address of the owner of the fee simple interest in the real property on the
date of this notice is [insert name of current owner of the property and the
owner's current address as shown on the tax records of the jurisdiction in
which the property is located].
(e)
The environmental covenant, amendment, or termination was signed by the
Director of the Alabama Department of Environmental Management or his
designee.
(f) The environmental
covenant, amendment, or termination was filed in the registry on [insert date
of filing].
(g) The full text of
the covenant, amendment, or termination and any other information required by
the Department is on file and available for inspection and copying in the
registry maintained for that purpose by the Alabama Department of Environmental
Management.
Notes
Authors: James L. Bryant; Lawrence A. Norris; Sonja B. Favors; Lynn T. Roper
Statutory Authority: Code of Ala. 1975, ยงยง 35-19-8; 35-19-12; 35-19-13.
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