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This entry was published on 2014-09-22
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SECTION 1951
Extinguishment of non-substantial restrictions on the use of land
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 19
§ 1951. Extinguishment of non-substantial restrictions on the use of
land. 1. No restriction on the use of land created at any time by
covenant, promise or negative easement, or created on or after September
1, 1958, by a special limitation or condition subsequent governed by
section 1953, shall be enforced by injunction or judgment compelling a
conveyance of the land burdened by the restriction or an interest
therein, nor shall such restriction be declared or determined to be
enforceable, if, at the time the enforceability of the restriction is
brought in question, it appears that the restriction is of no actual and
substantial benefit to the persons seeking its enforcement or seeking a
declaration or determination of its enforceability, either because the
purpose of the restriction has already been accomplished or, by reason
of changed conditions or other cause, its purpose is not capable of
accomplishment, or for any other reason.

2. When relief against such a restriction is sought in an action to
quiet title or to obtain a declaration with respect to enforceability of
the restriction or to determine an adverse claim arising from the
restriction, or is sought by way of defense or counterclaim in an action
to enforce the restriction or to obtain a declaration with respect to
its enforceability, if the court shall find that the restriction is of
no actual and substantial benefit to the persons seeking its enforcement
or seeking a declaration or determination of its enforceability, either
because the purpose of the restriction has already been accomplished or,
by reason of changed conditions or other cause, its purpose is not
capable of accomplishment, or for any other reason, it may adjudge that
the restriction is not enforceable by injunction or as provided in
subdivision 2 of section 1953 and that it shall be completely
extinguished upon payment, to the person or persons who would otherwise
be entitled to enforce it in the event of a breach at the time of the
action, of such damages, if any, as such person or persons will sustain
from the extinguishment of the restriction.