§ 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\nfor damages for breach to be brought within two years. 1. This section\napplies to actions to enforce a covenant or agreement restricting the\nuse of land or to recover damages for breach thereof, including an\naction predicated on infringement of an easement or other interest\ncreated by the covenant or agreement, to the extent that the restriction\nrelates to structures that may be erected on the premises and limits\nsuch structures with respect to set-back or sidelines, the area that may\nbe built upon, the location, independent character or number of\nstructures, height, or general purpose for which they shall be designed\nor typically suited.\n 2. An action to enforce the covenant or agreement by compelling the\nremoval or alteration of a structure, or to recover damages for breach\nof the covenant or agreement, or to recover damages for infringement of\nan easement or other interest in the premises so restricted, cannot be\nmaintained unless it is commenced (a) before the expiration of two years\nfrom the completion of the structure concerned, or (b) before September\none, nineteen hundred sixty-five, whichever shall be later.\n 3. a. For the purposes of this section, where the breach of the\nrestriction upon which the action is predicated consists of a\nreplacement, enlargement or alteration of a previously existing\nstructure which did not constitute or involve a violation of the\nrestriction, or where a previously existing structure constituted a\nviolation for which action is barred as provided in this section and a\nreplacement, enlargement or alteration is made constituting or creating\na different or more extensive violation, the completion of the\nreplacement, enlargement or alteration shall be deemed the completion of\nthe structure.\n b. The date of issuance of a certificate of occupancy or, if no such\ncertificate shall have been issued, the date of actual occupancy of the\nstructure or of the structure as replaced, enlarged or altered, shall be\ndeemed the date of completion of the structure.\n 4. The application of this section is not affected by any disability\nor lack of knowledge on the part of any person, and is not affected by\nthe fact that the person against whom the action might have been brought\nwithin the period herein provided was during that time a non-resident or\nabsent from the state.\n 5. If an action governed by this section is not commenced within the\ntime herein provided it shall be conclusively presumed that the right of\naction for the relief for which that action might have been brought has\nbeen released.\n 6. Nothing in this section shall be construed in any manner to limit\nany other statute or rule of law or equity by reason of which, at a date\nprevious to the expiration of the period provided in this section, the\nrestriction is or may be deemed extinguished or held unenforceable, or\nunenforceable by judgment compelling the removal or alteration of a\nstructure.\n