2001 - Action to enforce certain covenants restricting use of land or for damages for breach to be brought within two years.
§ 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.