Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1953
Effect of certain special limitations and conditions subsequent
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 19
§ 1953. Effect of certain special limitations and conditions
subsequent. 1. Except as provided in subdivision 4, a special limitation
or condition subsequent created on or after September 1, 1958 shall be
governed by this section in any case where it expressly or by necessary
result restricts the use of land, but if such special limitation or
condition subsequent also creates a possibility of reverter or right of
entry conditioned upon an event other than breach of such a restriction,
it shall be governed by this section to the extent only that the right
of entry or possibility of reverter is conditioned upon breach of such
express or implied restriction on the use of land.

2. No reverter shall occur and no possessory estate shall result by
reason of such special limitation, and no right of entry shall accrue by
reason of breach of such condition subsequent, but upon the happening of
such a breach the person or persons who would have such possessory
estate or right of entry except for this section, may maintain an action
in the supreme court to compel a conveyance to him or them of the land,
or the interest therein, which is subject to the special limitation or
condition subsequent.

3. The relief provided in subdivision 2 shall be granted only to
protect a substantial interest in enforcement of the restriction,
established by the person or persons in whose favor the relief is
granted. The action provided for in this section shall be subject to any
defense that might be interposed in an action to enjoin a violation of
the restriction if it were created by covenant of the person or persons
against whom the relief is sought, and the court may deny such relief,
or impose conditions upon the granting thereof, or grant alternative
relief, upon like cause and in like manner as in an action for such
injunction. If it appears that the relief provided in subdivision 2
would be inequitable, the court may, in lieu thereof, restrain the
repetition or continuation of a breach of the restriction, or it may
grant the relief provided in subdivision 2 upon such terms as justice
may require to avoid a forfeiture of the value of improvements or other
unjust enrichment.

4. This section shall not apply where the special limitation or
condition subsequent was created in a conveyance or devise, whether or
not in trust, for benevolent, charitable, educational, public or
religious purposes and restricts the use of land to such a purpose or to
a particular application or means of carrying out such purpose, or was
created by a lease for a term of less than one hundred years and
restricts use of the leased premises.