Adverse possession overcomes deed restrictions
Deed restrictions returning a piece of real estate to a donor if a charitable grantee fails to use the property for a specific charitable purpose can tie up title for many years and create a great uncertainty about the ownership and use of property. But a claim that a property has not been used for its given purpose which is first raised more than 60 years after the improper use began has failed in Connecticut because of the general rules of adverse possession. Alys E. Enders granted title to Enders Island, a private island located in Mystic, CT, to the Society of St. Edmund in January, 1954. The deed provided that the property was to be used “as a novitiate for said [grantee] and a place...
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