Section 132 - Creation; conveyance; acceptance; duration; filing1.Working waterfront covenant. Except as otherwise provided in this chapter, a working waterfront covenant may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other real estate covenants created by written instrument. [2005, c. 574, §1(NEW).]
2.Right or duty. A right or duty in favor of or against a qualified holder may not arise under a working waterfront covenant unless it is accepted in writing by the qualified holder. [2005, c. 574, §1(NEW).]
3.Limitation. Except as provided in this chapter, a working waterfront covenant is unlimited in duration unless a change of circumstances renders the working waterfront covenant no longer in the public interest as determined in an action under section 133, subsection 2. [2005, c. 574, §1(NEW).]
4.Filing. A working waterfront covenant must be recorded in the County Registry of Deeds, and a copy of the covenant must be filed with the Department of Agriculture, Conservation and Forestry together with a map showing with specificity the location of the affected real estate on the form or forms that the department requires. [2011, c. 655, Pt. II, §6(AMD); 2011, c. 655, Pt. II, §11(AFF); 2011, c. 657, Pt. W, §5(REV).]
5.Other interest. An interest in real property in existence at the time a working waterfront covenant is created is not affected by the covenant unless the owner of the interest is a party to the covenant or consents to the covenant. [2005, c. 574, §1(NEW).]
6.Right to enter land. The instrument creating a working waterfront covenant must provide for the right by the qualified holder to enter the real property to ensure compliance. [2005, c. 574, §1(NEW).]
Amended by 2012, c. 655,§ II-6, eff. 7/1/2012.2005, c. 574, § 1 (NEW) .