4.7 ENCUMBRANCES-BUILDING AND USE RESTRICTIONS WITH FORFEITURE PROVISIONS
After what period of time should a breach of building and use conditions which entail a forfeiture of title be disregarded?
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.
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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