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ti <br />JOHN E. DAIJBNEY <br />ATTORNEY AT LAW <br />304 ā¯‘EGREE OF HONOR BUILDING <br />ST. PAUL, MINNESOTA 55101 <br />November 21, 1979 <br />The use of restrictions is a subject that is not new in <br />real estate law. In recent years many developers of large tracts <br />of ground have placed deed restrictions on the use of the premises <br />covering such subjects as minimum square footage of dwellings, <br />restrictions as to animals, building line set-backs more restric. <br />five than otherwise required by code, external storage of recrea. <br />tional vehicles and numerous other subjects, I do not believe <br />there is any legal question as to the validity of these restrictions. <br />The difficulty with deed restrictions is that they are limited <br />in time by statute. Minnesota Statutes Section 500* 20, Subd. 2 <br />recites in part: "All covenants, conditions, or restrictions <br />hereafter created by any other means, by which the title or use <br />of real property is affected, shall cease to be valid and operative <br />30 years after the date of the deed, or other instrument, or the <br />date of the probate of the will, creating: and after such period <br />of time they may be wholly disregarded." The validity of this <br />statute has been sustained by the courts* This statutef however <br />should also be read in conjunction with the marketable title act ,t <br />Minnesota Statutes, Section 501.023, the so called 40 years statute, <br />This statute states, in essence, that no claim shall be asserted <br />against a claim of title that has been of record for at least 40 <br />years, if the claim is over 40 years old, unless within the 40-year <br />224-4345 <br />