§135. Validity

A working waterfront covenant is valid and enforceable notwithstanding any of the following conditions.

1.__Not appurtenant to interest in real property.__The working waterfront covenant is not appurtenant and does not run with an interest in real property.

2.__Assignable to another holder.__The working waterfront covenant can be or has been assigned to another qualified holder.

3.__Not recognized at common law.__The working waterfront covenant is not of a character traditionally recognized at common law.

4.__Imposes negative burden.__The working waterfront covenant imposes a negative burden.

5.__Imposes affirmative obligations.__The working waterfront covenant imposes affirmative obligations upon the owner of an interest in the burdened property or upon the qualified holder.

6.__Benefit does not touch or concern real property.__The benefit of the working waterfront covenant is held by a qualified holder who has not retained property that would benefit from enforcement of the working waterfront covenant, or the benefit does not touch or concern real property in any other way.

7.__No privity of estate or contract.__There is no privity of estate or privity of contract.

8.__Does not run to successors or assigns.__The working waterfront covenant does not run to the successors or assigns of the qualified holder.

9.__Unreasonable restraint on alienability.__The working waterfront covenant may be considered to be an unreasonable restraint on alienability.

10.__In violation of rule against perpetuities.__The working waterfront covenant may violate the rule against perpetuities.