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)