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This entry was published on 2014-09-22
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SECTION 612
Where action cannot be maintained; action based on reverter or breach of condition subsequent
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 6
§ 612. Where action cannot be maintained; action based on reverter or
breach of condition subsequent. 1. Except as otherwise provided in this
section, an action to recover the possession of real property cannot be
maintained where it is founded upon a claim of reverter of an estate in
fee conveyed upon special limitation or founded upon a claim of breach
of a condition subsequent, other than a condition of a lease for a term
of years, unless (a) within ten years after the occurrence of the
reverter or the first occurrence of the breach, the plaintiff, or any
predecessor in interest then entitled to possession or to exercise the
power of termination, shall have served upon the person or persons
against whom the action might then have been commenced a written demand
that possession be delivered, stating the ground thereof, and the action
is commenced within one year thereafter or (b), if no such demand is
served, the action is commenced within such ten years.

2. Where the reverter or breach occurred before September 1, 1963, an
action may be maintained if demand is made as provided in this section
before the expiration of ten years computed from the occurrence of the
reverter or the first occurrence of the breach, or on or before
September 1, 1965, whichever is later, and the action is commenced
within one year thereafter or if, without previous demand as provided in
this section, the action is commenced before the expiration of ten years
computed from the occurrence of the reverter or the first occurrence of
the breach, or on or before September 1, 1965, whichever is later.

3. The demand shall be served either personally or by mailing the same
by certified mail addressed to the person or persons against whom the
action might then have been commenced, at his or their last known
address or addresses.

4. The demand may be made on behalf of an infant by his parent or
guardian or by the person with whom he resides, may be made on behalf of
an incompetent by the committee of his person or property, and may be
made on behalf of a conservatee by the conservator of his property. If
the person entitled to maintain the action shall have died, the demand
may be made either by the persons succeeding to the right of the
decedent, or one of them, or on their behalf by the personal
representative of the decedent.

5. The demand shall become ineffective unless action to recover
possession in accordance therewith is commenced within one year from the
date of service thereof. If no action is commenced, or no such demand is
served within the time specified in subdivisions 1 or 2, or if the
demand served becomes ineffective, it shall be conclusively presumed
that the possibility of reverter by reason of which the estate is
claimed to have reverted, or the power of termination for breach of the
condition which is claimed to have been broken, was extinguished at or
before the date when the reverter would have occurred or a right of
entry would have accrued by reason of such possibility of reverter or
breach of such condition.

6. The operation of this section is not affected by any disability, or
by the fact that the person against whom the action might have been
brought within the period herein provided was during that time a
non-resident or absent from the state, and is not affected by any lack
of knowledge on the part of any person that the reverter or breach has
occurred, unless it is established that the facts upon which the
reverter occurred, or the facts constituting the breach, were concealed
from the plaintiff or his predecessor in interest by actual fraud. If
such fraud be established, the time provided in subdivision 1 or 2 shall
commence to run when the facts are discovered by a person entitled to
serve the demand as provided in this section.

7. This section does not limit any other statute or rule of law or
equity by which a possibility of reverter or right of entry is or may be
extinguished or rendered unenforceable, or by which an action to recover
possession of the property may be extinguished or barred.