§ 1951. Extinguishment of non-substantial restrictions on the use of\nland. 1. No restriction on the use of land created at any time by\ncovenant, promise or negative easement, or created on or after September\n1, 1958, by a special limitation or condition subsequent governed by\nsection 1953, shall be enforced by injunction or judgment compelling a\nconveyance of the land burdened by the restriction or an interest\ntherein, nor shall such restriction be declared or determined to be\nenforceable, if, at the time the enforceability of the restriction is\nbrought in question, it appears that the restriction is of no actual and\nsubstantial benefit to the persons seeking its enforcement or seeking a\ndeclaration or determination of its enforceability, either because the\npurpose of the restriction has already been accomplished or, by reason\nof changed conditions or other cause, its purpose is not capable of\naccomplishment, or for any other reason.\n 2. When relief against such a restriction is sought in an action to\nquiet title or to obtain a declaration with respect to enforceability of\nthe restriction or to determine an adverse claim arising from the\nrestriction, or is sought by way of defense or counterclaim in an action\nto enforce the restriction or to obtain a declaration with respect to\nits enforceability, if the court shall find that the restriction is of\nno actual and substantial benefit to the persons seeking its enforcement\nor seeking a declaration or determination of its enforceability, either\nbecause the purpose of the restriction has already been accomplished or,\nby reason of changed conditions or other cause, its purpose is not\ncapable of accomplishment, or for any other reason, it may adjudge that\nthe restriction is not enforceable by injunction or as provided in\nsubdivision 2 of section 1953 and that it shall be completely\nextinguished upon payment, to the person or persons who would otherwise\nbe entitled to enforce it in the event of a breach at the time of the\naction, of such damages, if any, as such person or persons will sustain\nfrom the extinguishment of the restriction.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.