N.Y. Real Property Actions & Proceedings Law § 1954: Action to limit existing possibilities of reverter and rights of entry restricting the use of land

§ 1954. Action to limit existing possibilities of reverter and rights

of entry restricting the use of land. 1. This section shall apply to a

special limitation or condition subsequent created prior to September 1,

1958 which would be subject to section 1953 if it had been created on or

after September 1, 1958.

2. The owners of the estate subject to the special limitation or

condition subsequent, or one or more of such owners, may maintain an

action to obtain a judgment that the special limitation or condition

subsequent be governed by section 1951 and section 1953, or that it be

so governed to the extent of particular terms of the special limitation

or condition subsequent, or to the extent of a particular part of the

land burdened by the restriction. Such action may be maintained against

one or more of the persons who would have a possessory estate resulting

from the occurrence of the reverter or a right of entry for breach of

the condition if a breach of the restriction had occurred at the time

the action is commenced, to obtain such a judgment with respect to the

interests of the parties to the action.

3. Except as provided in subdivision 4, the court may grant the relief

described in subdivision 2 if it finds that the primary purpose of the

special limitation or condition subsequent was to restrict the use of

land and that the tenor of the restriction, the circumstances in which

it was imposed, and the conditions in which it operates at the time of

the action are such that the special limitation or condition subsequent

unreasonably limits the use and development of the land or unreasonably

impairs the certainty of titles.

4. The relief provided in this section shall not be granted if the

court finds that a breach of the restriction has already occurred.

5. If the complaint in any such action is dismissed on the ground that

a breach of the restriction has already occurred at the time the action

is brought or relief is denied on such ground, the right of entry for

breach of the condition or any cause of action to recover possession of

the land, owned by a person who was a party to the action, or a person

claiming through or under him, must be asserted in the same action or by

action commenced within six months from the entry of the judgment

therein, and if such action is not commenced within that time the right

of entry, or the possessory estate resulting from the occurrence of the

reverter, shall be extinguished to the extent that it is vested at the

time of the entry of the judgment in persons who are parties to the

action, or thereafter vests in persons claiming through or under them by

title accruing after the filing of a notice of pendency of the action.

6. The action provided in this section may be commenced at any time.