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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.



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