§ 47C-2-114. Easement for encroachments. - North Carolina Statutes

§ 47C‑2‑114. Easement for encroachments.

(a)        To the extent that any unit or common element encroaches onany other unit or common element, a valid easement for the encroachment exists.The easement does not relieve a unit owner of liability in case of his willfulmisconduct nor relieve a declarant or any other person of liability for failureto adhere to the plats and plans.

(b)        With respect to all condominiums created prior to October 1,1986, the provisions of subsection (a) of this section shall be deemed to applyto such condominiums, unless an action asserting otherwise shall have beenbrought within six months from October 1, 1986. (1985 (Reg. Sess., 1986), c. 877, s. 1.)