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This entry was published on 2014-09-22
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SECTION 1954
Action to limit existing possibilities of reverter and rights of entry restricting the use of land
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 19
§ 1954. Action to limit existing possibilities of reverter and rights
of entry restricting the use of land. 1. This section shall apply to a
special limitation or condition subsequent created prior to September 1,
1958 which would be subject to section 1953 if it had been created on or
after September 1, 1958.

2. The owners of the estate subject to the special limitation or
condition subsequent, or one or more of such owners, may maintain an
action to obtain a judgment that the special limitation or condition
subsequent be governed by section 1951 and section 1953, or that it be
so governed to the extent of particular terms of the special limitation
or condition subsequent, or to the extent of a particular part of the
land burdened by the restriction. Such action may be maintained against
one or more of the persons who would have a possessory estate resulting
from the occurrence of the reverter or a right of entry for breach of
the condition if a breach of the restriction had occurred at the time
the action is commenced, to obtain such a judgment with respect to the
interests of the parties to the action.

3. Except as provided in subdivision 4, the court may grant the relief
described in subdivision 2 if it finds that the primary purpose of the
special limitation or condition subsequent was to restrict the use of
land and that the tenor of the restriction, the circumstances in which
it was imposed, and the conditions in which it operates at the time of
the action are such that the special limitation or condition subsequent
unreasonably limits the use and development of the land or unreasonably
impairs the certainty of titles.

4. The relief provided in this section shall not be granted if the
court finds that a breach of the restriction has already occurred.

5. If the complaint in any such action is dismissed on the ground that
a breach of the restriction has already occurred at the time the action
is brought or relief is denied on such ground, the right of entry for
breach of the condition or any cause of action to recover possession of
the land, owned by a person who was a party to the action, or a person
claiming through or under him, must be asserted in the same action or by
action commenced within six months from the entry of the judgment
therein, and if such action is not commenced within that time the right
of entry, or the possessory estate resulting from the occurrence of the
reverter, shall be extinguished to the extent that it is vested at the
time of the entry of the judgment in persons who are parties to the
action, or thereafter vests in persons claiming through or under them by
title accruing after the filing of a notice of pendency of the action.

6. The action provided in this section may be commenced at any time.