Encroachment Easement Clause Samples
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Encroachment Easement. Grantor hereby grants, bargains, assigns, sets over and conveys to Grantee, for the use, benefit and enjoyment of the Grantee Property, a perpetual, non- exclusive easement in the air space above, under, over, across and through the Grantor Property for the use, maintenance, repair and replacement of the Encroachment as shown on Exhibit B (the “Encroachment Easement”); provided, however, that Grantee shall not construct any additional improvements in the air space above, under, over, across or through the Grantor Property without the prior written approval of Grantor, which approval may be withheld, conditioned, and/or delayed in Grantor’s sole discretion.
Encroachment Easement. Each of the Owners shall have a non- exclusive easement for any portion of any Building or Improvement located on any Parcel which may inadvertently be constructed so as to encroach into or over the adjoining Parcel(s); provided the easement for footings, piers, piles, grade beams and Building encroachments does not exceed two (2) feet, and the easement for canopies, ▇▇▇▇▇ and roof overhangs does not exceed four (4) feet. The easements granted in this Section 2.1.6 shall (a) survive the expiration of this Declaration and shall last so long as the encroaching Building is standing following initial construction or following reconstruction where such Building is substantially restored to its prior condition following a casualty or condemnation, and (b) not diminish or waive any right of an Owner to recover damages resulting from the constructing owner’s failure to construct its Building within its Parcel.
Encroachment Easement. The purpose of the Encroachment Easement is to is to allow Grantee to occupy the Easement Area with that portion of the Bait Box structure presently situated thereon, and to enable Grantee to repair and maintain the structure in a good, clean, and safe condition.
Encroachment Easement. Two (2) counterpart originals of the Encroachment Easement, duly executed and acknowledged by the Association and Seller.
Encroachment Easement. There is hereby established, declared and reserved a nonexclusive, permanent, perpetual, reciprocal, appurtenant easement, right and privilege for the benefit of all Owners, for encroachment, and for maintenance, use and enjoyment of any permitted encroachment, between adjacent Parcels and between any parking structure and adjacent Parcel due to: (a) the unintentional placement or settling or shifting of the Improvements constructed, reconstructed, or altered thereon; (b) minor variations from the plans in the construction of the Improvements occurring due to construction accuracy, methods and/or techniques; or (c) canopies, overhangs, door swings, signs, foundations, balconies or similar encroachments, together with any replacements thereof. Such easement for the maintenance of encroachments shall exist, as to a particular encroachment, only as long as the encroaching portion of the Improvement shall remain standing and in existence. However, in no event shall an easement for any encroachment be created or maintained in favor of one Parcel if such encroachment materially and adversely interferes with the use, operation and enjoyment of another Parcel by an Owner or its Occupants. Nothing herein contained shall in any manner be construed as diminishing or be deemed to constitute a waiver of any rights of an Owner resulting from another Owner’s failure to construct its Improvements as herein required, and this Section