Action for breach of covenant restricting land use, barred, when
If someone builds something on land that breaks a rule about how the land can be used — like building too tall, too big, or in the wrong spot — other people only have two years to take legal action about it. The two years starts as soon as the building or improvement is finished. After two years, no lawsuit can be filed, even if the person did not know about the violation.
516.095. for of restricting land use, , when. — No action for breach of a caused or resulting from the size, height, cost or location of buildings or other visible improvements on the in violation of the covenant, including a to the removal of buildings or visible improvements on the land because of the violation of the terms of the covenant, shall be after two years from the date this section takes effect or from the date when the , whichever is the later. the of any section of the s the statutes of , saving any which may have been otherwise barred thereunder, establishing a time when a accrues, or excluding certain lands from the operation and effect of any , no or lack of knowledge on the part of anyone shall the running of the two-year period; and for the purposes of this section, the right of action shall be to immediately upon the completion of the building or visible improvements which are in violation of the covenant.
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Source & history notes
(L. 1963 p. 669)
Related Missouri laws
Tort action against architects, engineers or builders of defective improvement to real property must be brought within ten years of completion of improvement, exceptions
RSMo 516.097
Surveys of land error or omissions
RSMo 516.098
Statute not to extend to certain lands
RSMo 516.090
Period of limitation prescribed
RSMo 516.100
No tolling by filing of administrative actions, certain suits
RSMo 516.103
Actions against health care and mental health providers (medical malpractice)
RSMo 516.105
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.