No action or any other type of court proceeding shall be brought to enforce a private restriction recorded in the land records of the municipality in which the property is located or a notation on a filed map pertaining to the use of privately owned land, the type of structures that may be erected thereon or the location of same unless such action or proceeding shall be commenced within three years of the time that the person seeking to enforce such restriction had actual or constructive knowledge of such violation. This section shall be deemed not to apply to any private restriction or notation pertaining to (a) any public utility easement; (b) any right-of-way; (c) any park or open space land; (d) any private driveway, roadway or street, or (e) any sewer line or water line.
(1972, P.A. 283; P.A. 73-93; P.A. 90-169.)
History: P.A. 73-93 substituted “the party seeking to enforce such restriction” for “such party” for clarity; P.A. 90-169 replaced “a recorded private restriction” with “a private restriction recorded in the land records of the municipality in which the property is located”.
Cited. 214 C. 464.
Plaintiff's claim not barred by 3-year statute of limitations because provisions in covenant document that defined restrictions on two lots owned by defendants evinced an intent that restrictions were for the benefit of view easements over such lots for the benefit of lot owned by plaintiffs, and were not merely private restrictions. 141 CA 238.
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