(a) 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; provided, however, such easement shall not relieve unit owners of liability in cases of wilful and intentional misconduct by them or their agents or employees, nor shall the declarant or any contractor, subcontractor, or materialman be relieved of any liability which any of them may have by reason of any failure to adhere strictly to the plats and plans.
(b) Each unit and common element shall have an easement for support from every other unit and common element.
(Mar. 29, 1977, D.C. Law 1-89, title II, § 216, 23 DCR 9532b.)
1981 Ed., § 45-1826.
1973 Ed., § 5-1226.
Structure District of Columbia Code
Subchapter II - Establishment of Condominiums
§ 42–1902.01. Creation of condominiums; recordation of instruments; plats; contiguity of units
§ 42–1902.04. Declaration, bylaws and amendments of each to be executed by owners and lessees
§ 42–1902.05. Recordation of condominium instruments; amendment and certification thereof
§ 42–1902.07. Instruments construed together and incorporate one another; when conflict arises
§ 42–1902.09. Compliance with condominium chapter and instruments
§ 42–1902.15. Preliminary recordation of plans
§ 42–1902.16. Easement for encroachments and support; where liability not relieved
§ 42–1902.20. Contraction of the Condominium
§ 42–1902.21. Declarant’s easement over common elements for purpose of improvements, etc
§ 42–1902.22. Sales offices, model units, etc.; authorization; when become common elements
§ 42–1902.27. Amendment of instruments