Section 516.095

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 516

Effective - 28 Aug 1963   

  516.095.  Action for breach of covenant restricting land use, barred, when. — No action for breach of a covenant restricting use of land caused or resulting from the size, height, cost or location of buildings or other visible improvements on the premises in violation of the covenant, including a proceeding to compel the removal of buildings or visible improvements on the land because of the violation of the terms of the covenant, shall be commenced after two years from the date this section takes effect or from the date when the right of action accrues, whichever is the later.  Notwithstanding the provisions of any section of the statutes tolling the statutes of limitations, saving any causes of action which may have been otherwise barred thereunder, establishing a time when a cause of action accrues, or excluding certain lands from the operation and effect of any statute of limitations, no disability or lack of knowledge on the part of anyone shall suspend the running of the two-year period; and for the purposes of this section, the right of action shall be deemed to accrue immediately upon the completion of the building or visible improvements which are in violation of the covenant.

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(L. 1963 p. 669)