RPAPL 1954 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1953 Effect of certain special limitations and conditions subsequent up ARTICLE 19 Discharge or Extinguishment of Encumbrances, Claims and Interests next SECTION 1955 Modification or extinguishment of certain restrictions on the use of land held for charitable purposes Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.