47C-2-114. Monuments as boundaries.
(a) The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit owner of liability for willful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats and plans or, in a cooperative, for failure to adhere to any representation in the public offering statement.
(b) With respect to all condominiums created prior to October 1, 1986, the provisions of subsection (a) of this section shall be deemed to apply to such condominiums, unless an action asserting otherwise shall have been brought within six months from October 1, 1986. (1985 (Reg. Sess., 1986), c. 877, s. 1; 2020-52, s. 5.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47C - North Carolina Condominium Act
Article 2 - Creation, Alteration, and Termination of Condominiums.
§ 47C-2-101 - Execution and recordation of declaration.
§ 47C-2-102 - Unit boundaries.
§ 47C-2-103 - Construction and validity of declaration and bylaws.
§ 47C-2-104 - Description of units.
§ 47C-2-105 - Contents of declaration.
§ 47C-2-106 - Leasehold condominiums.
§ 47C-2-107 - Allocation of common element, interests, votes, and common expense liabilities.
§ 47C-2-108 - Limited common elements.
§ 47C-2-109 - Plats and plans.
§ 47C-2-110 - Exercise of development rights.
§ 47C-2-111 - Alterations of units.
§ 47C-2-112 - Relocation of boundaries between adjoining units.
§ 47C-2-113 - Subdivision of units.
§ 47C-2-114 - Monuments as boundaries.
§ 47C-2-115 - Use for sales purposes.
§ 47C-2-116 - Easement to facilitate exercise of special declarant rights.
§ 47C-2-117 - Amendment of declaration.
§ 47C-2-117.1 - Judicial reformation of declaration.
§ 47C-2-118 - Termination of condominium.