                                 CODE OF VIRGINIA

EASEMENT FOR ENCROACHMENTS (§ 55.1-1923)

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 reason of the settling or shifting of any land or improvement,
a valid easement for such encroachment shall exist. The purpose of this section
is to protect the unit owners, except in cases of willful and intentional
misconduct by them or their agents or employees, and not to relieve the
declarant or any contractor, subcontractor, or materialman of any liability
which any of them may have by reason of any failure to adhere strictly to the
plats and plans.

HISTORY: 1974, c. 416, § 55-79.60; 2019, c. 712.