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NEW YORK STATE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
(RPAPL)
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.
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Sec. 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 side-
lines, 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.