N.Y. Real Property Actions & Proceedings Law § 1953: Effect of certain special limitations and conditions subsequent

§ 1953. Effect of certain special limitations and conditions

subsequent. 1. Except as provided in subdivision 4, a special limitation

or condition subsequent created on or after September 1, 1958 shall be

governed by this section in any case where it expressly or by necessary

result restricts the use of land, but if such special limitation or

condition subsequent also creates a possibility of reverter or right of

entry conditioned upon an event other than breach of such a restriction,

it shall be governed by this section to the extent only that the right

of entry or possibility of reverter is conditioned upon breach of such

express or implied restriction on the use of land.

2. No reverter shall occur and no possessory estate shall result by

reason of such special limitation, and no right of entry shall accrue by

reason of breach of such condition subsequent, but upon the happening of

such a breach the person or persons who would have such possessory

estate or right of entry except for this section, may maintain an action

in the supreme court to compel a conveyance to him or them of the land,

or the interest therein, which is subject to the special limitation or

condition subsequent.

3. The relief provided in subdivision 2 shall be granted only to

protect a substantial interest in enforcement of the restriction,

established by the person or persons in whose favor the relief is

granted. The action provided for in this section shall be subject to any

defense that might be interposed in an action to enjoin a violation of

the restriction if it were created by covenant of the person or persons

against whom the relief is sought, and the court may deny such relief,

or impose conditions upon the granting thereof, or grant alternative

relief, upon like cause and in like manner as in an action for such

injunction. If it appears that the relief provided in subdivision 2

would be inequitable, the court may, in lieu thereof, restrain the

repetition or continuation of a breach of the restriction, or it may

grant the relief provided in subdivision 2 upon such terms as justice

may require to avoid a forfeiture of the value of improvements or other

unjust enrichment.

4. This section shall not apply where the special limitation or

condition subsequent was created in a conveyance or devise, whether or

not in trust, for benevolent, charitable, educational, public or

religious purposes and restricts the use of land to such a purpose or to

a particular application or means of carrying out such purpose, or was

created by a lease for a term of less than one hundred years and

restricts use of the leased premises.