OTS 4.7

4.7 ENCUMBRANCES-BUILDING AND USE RESTRICTIONS WITH FORFEITURE PROVISIONS

Problem A:

After what period of time should a breach of building and use conditions which entail a forfeiture of title be disregarded?

Standard A:

A title should not be considered unmarketable because of a breach of a condition or conditions as to building and use which entail a forfeiture of title if satisfactory proof is furnished that such breach has existed for more than thirty years.

Comment A:

Satisfactory proof may be affidavits as to the facts of breach, recorded instruments in the chain of title, certificate of registered surveyor.

(Effective November 12, 1960)

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