Easement for Encroachments Clause Samples
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Easement for Encroachments. Declarant hereby declares for the benefit of each of the Owners, as an appurtenance to its respective Element, perpetual and non-exclusive easements: (a) for such inadvertent, minor building encroachments as may occur upon an adjoining Element by reason of construction or Alteration of the Building, or by reason of improvements to any such Element, or from settlement, sag or variance occurring after any such construction or reconstruction; (b) for the encroachment of architectural features, including but not limited to parapets, existing as of the date of this Declaration (but not subsequently constructed architectural features) upon an adjoining Element; and (c) to have a Building on any boundary common to both Elements abut and connect to the Building on the grantor’s Element. In no event shall an easement for any future encroachment be created or maintained in favor of any Element if such encroachment materially interferes with the use, operation and enjoyment of any other Element by any other Owner or its Permittees, or is materially more burdensome to the burdened Element than the encroachments that currently exist on the burdened Element. The grant of said easements shall not excuse any Owner from exercising diligence to construct or Alter the portion of the Building on and within its Element. No encroachment in violation of applicable Legal Requirements shall be deemed permitted by this Section 2.5.
Easement for Encroachments. Each Lot shall be subject to an easement for encroachments created by construction, settling and overhangs, as designed or constructed by the Developer or other parties. A valid easement for said encroachments and for the maintenance of such encroaching improvements so long as such encroachment exists, shall and does exist. In the event a structure on a Lot is partially or totally destroyed, and then rebuilt, the Lot Owners of the properties so affected agree that minor encroachments of parts of the adjacent structures shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist.
Easement for Encroachments. If any improvement constructed by or for an Owner on any Parcel now or hereafter encroaches on any other portion of the Project by an amount of deviation permitted by customary construction tolerances, a perpetual easement is hereby granted to the extent of any such encroachment, and the Owner of the encroaching improvement shall also have an easement for the limited purpose of the maintenance and repair of the encroaching improvement.
Easement for Encroachments. 113 Section 16.5 Rights to Temporarily Close..............................114 Section 16.6 Title....................................................114 Section 16.7 Term.....................................................115 Section 16.8 Street Widenings.........................................115
Easement for Encroachments. To the extent that any unit or common element encroaches on any other unit or common element, whether by reason of any deviation from the plats and plans in the construction, repair, renovation, restoration, or replacement of any improvement, or by reasons of the settling or shifting of any land or improvement, a valid easement for such encroachment shall exist.
Easement for Encroachments. In the event that any improvement upon the Common Area or a Lot, as originally constructed by Declarant, shall encroach upon any other property or improvements thereon, for any reason, then an easement appurtenant to the encroachment shall exist for so long as the encroachment continues.
Easement for Encroachments. While it is the intention of the Owners to confine their Improvements to the limits of their respective Tracts, it is recognized that this result is not always achieved in a multi-ownership complex. Accordingly, each Owner hereby grants to the others a non-exclusive easement permitting the maintenance of balconies, canopies, decorative facia, footings, roofs, building and other overhangs, awnings, alarm bells, utility vaults, staircases, exterior light fixtures, pillars and other like projections and encroachments over, across and under the Owner's Tract to the extent that such projections and encroachments, not to exceed three feet (3') in any case, unless otherwise shown on the as-built survey described in Section 3.7 or on the Plans, shall exist after completion of all construction or reconstruction (if any part is damaged or destroyed and then rebuilt). It is understood that the provisions of this Section 16.4 shall survive the termination of this REA and shall continue thereafter so long as any Owner's Improvements (or any replacement thereof constructed during the Term of this REA) stands. If the Improvements on any Tract, following construction, encroach on a portion of the Tract of another Owner, the Owner across whose Tract such Improvements encroach, hereby grants to the Owner whose Improvements encroach a non-exclusive easement for so long as such Improvements (or any replacement thereof constructed during the Term of this REA) stands, permitting the construction and maintenance of such Improvements on such portion of the servient tenement; provided, however, that any such encroachment shall not extend more than three feet (3'), unless otherwise shown on the Plans.