516.095. Action for breach of covenant restricting land use, barred, when.
Action for breach of covenant restricting land use, barred, when.
516.095. No action for breach of a covenant restricting useof land caused or resulting from the size, height, cost orlocation of buildings or other visible improvements on thepremises in violation of the covenant, including a proceeding tocompel the removal of buildings or visible improvements on theland because of the violation of the terms of the covenant, shallbe commenced after two years from the date this section takeseffect or from the date when the right of action accrues,whichever is the later. Notwithstanding the provisions of anysection of the statutes tolling the statutes of limitations,saving any causes of action which may have been otherwise barredthereunder, establishing a time when a cause of action accrues,or excluding certain lands from the operation and effect of anystatute of limitations, no disability or lack of knowledge on thepart of anyone shall suspend the running of the two-year period;and for the purposes of this section, the right of action shallbe deemed to accrue immediately upon the completion of thebuilding or visible improvements which are in violation of thecovenant.
(L. 1963 p. 669)