§ 7403 — Nullification of existing unlawful restrictive covenants

(a) Unenforceable covenants.--An unlawful restrictive covenant contained in an instrument affecting title to real property, whether or not recorded, in this Commonwealth shall be null, void and unenforceable ab initio without need for further action by any person or recorder.

(b) Combined covenants.--If an unlawful restrictive covenant is contained in an instrument affecting title to real property that also contains other covenants or provisions that are not an unlawful restrictive covenant, the validity and enforceability of the remaining covenants or provisions, as well as the validity of the recorded instrument, shall not be affected by the nullification, voiding and unenforceability of the unlawful restrictive covenant.

Legislative History

Effective Date.Section 2(1)(i) of Act 54 of 2023 provided that section 7403 shall take effect immediately.