State Codes and Statutes

Statutes > New-york > Rpa > Article-19 > 1954

§  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.

State Codes and Statutes

Statutes > New-york > Rpa > Article-19 > 1954

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-19 > 1954

§  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.

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