Section 611. Where action cannot be maintained: dower; property not exceeding six inches in width; by mortgagee  


Latest version.
  • The  action  cannot  be
      maintained:
        1. Where an action for dower may be maintained.
        2.  Where  the real property consists of a strip of land not exceeding
      six inches in width upon which there  stands  the  exterior  wall  of  a
      building  erected  partly  upon said strip and partly upon the adjoining
      lot, and a building has been erected upon land of the plaintiff abutting
      on the said wall, unless said action be commenced within one year  after
      the  completion  of  the  erection  of  such  wall. But an action may be
      maintained if commenced within the further period of one year,  for  the
      recovery of damages by reason of the erection of such wall, and upon the
      satisfaction of the judgment for such damages the title of the plaintiff
      to  such  strip  of land shall thereby be transferred to and vest in the
      defendant. If an action for the recovery of real property or damages  is
      not  brought  within  the  period hereby limited therefor, the person in
      possession of such lands shall be deemed to have  an  easement  in  said
      strip  of  land  so  long  as the said wall partly erected thereon shall
      stand, and no longer, and in case of the destruction of  such  wall  the
      owner  of  such  strip  shall have the same right to take or recover the
      possession thereof as if such wall had never existed.
        3. By a mortgagee, or his assignee, or other representative.