76-7-212. Who may enforce easement. (1) The owner of any real property designated as a benefited property in the instrument creating the environmental control easement or the occupant of the benefited real property may maintain an action for enforcement of the easement.

(2) A public body or a qualified private organization holding an environmental control easement shall enforce the provisions of the easement.

(3) A person or entity specifically named as a beneficiary in the instrument creating the environmental control easement may enforce the provisions of the easement to the extent provided in the instrument.