55-79.60 - Easement for encroachments. - Virginia Statutes

§ 55-79.60. Easement for encroachments.

To the extent that any unit or common element encroaches on any other unit orcommon element, whether by reason of any deviation from the plats and plansin the construction, repair, renovation, restoration, or replacement of anyimprovement, or by reason of the settling or shifting of any land orimprovement, a valid easement for such encroachment shall exist. The purposeof this section is to protect the unit owners, except in cases of willful andintentional misconduct by them or their agents or employees, and not torelieve the declarant or any contractor, subcontractor, or materialman of anyliability which any of them may have by reason of any failure to adherestrictly to the plats and plans.

(1974, c. 416.)