Real Property Actions & Proceedings

ARTICLE 20

ENFORCEMENT OF COVENANTS AND EASEMENTS; RECOVERY OF
DAMAGES FOR BREACH OF COVENANT OR INJURY TO EASEMENT
Section 2001.Action to enforce certain covenants restricting use of
land or for damages for breach to be brought within two
years.

S 2001. Action to enforce certain covenants restricting use of land or
for damages for breach to be brought within two years. 1. This section
applies to actions to enforce a covenant or agreement restricting the
use of land or to recover damages for breach thereof, including an
action predicated on infringement of an easement or other interest
created by the covenant or agreement, to the extent that the restriction
relates to structures that may be erected on the premises and limits
such structures with respect to set-back or sidelines, the area that may
be built upon, the location, independent character or number of
structures, height, or general purpose for which they shall be designed
or typically suited.
2. An action to enforce the covenant or agreement by compelling the
removal or alteration of a structure, or to recover damages for breach
of the covenant or agreement, or to recover damages for infringement of
an easement or other interest in the premises so restricted, cannot be
maintained unless it is commenced (a) before the expiration of two years
from the completion of the structure concerned, or (b) before September
one, nineteen hundred sixty-five, whichever shall be later.
3. a. For the purposes of this section, where the breach of the
restriction upon which the action is predicated consists of a
replacement, enlargement or alteration of a previously existing
structure which did not constitute or involve a violation of the
restriction, or where a previously existing structure constituted a
violation for which action is barred as provided in this section and a
replacement, enlargement or alteration is made constituting or creating
a different or more extensive violation, the completion of the
replacement, enlargement or alteration shall be deemed the completion of
the structure. b. The date of issuance of a certificate of occupancy
or, if no such certificate shall have been issued, the date of actual
occupancy of the structure or of the structure as replaced, enlarged or
altered, shall be deemed the date of completion of the structure.
4. The application of this section is not affected by any disability
or lack of knowledge on the part of any person, and is not affected 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.
5. If an action governed by this section is not commenced within the
time herein provided it shall be conclusively presumed that the right of
action for the relief for which that action might have been brought has
been released.
6. Nothing in this section shall be construed in any manner to limit
any other statute or rule of law or equity by reason of which, at a date
previous to the expiration of the period provided in this section, the
restriction is or may be deemed extinguished or held unenforceable, or
unenforceable by judgment compelling the removal or alteration of a
structure.